Prima Wiwona – Prima Peach Challenge Contest – Instagram/tiktok Sweepstakes
The following are the official rules (the Official Rules) of the Contest, as defined below. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. All federal, state, local, and municipal laws and regulations apply. Void where prohibited.
ELIGIBILITYThe Prima® Wawona Prima® Peach Challenge (the Contest) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Prima® Wawona and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. Participants found using multiple accounts to enter the Contest will be ineligible. Posting duplicate, or near duplicate, submissions will result in ineligibility from the Contest. The Contest is subject to federal, state, and local laws and regulations.
SPONSORThe Contest is sponsored by Prima® Wawona, located at 7108 N. Fresno St., Suite 450, Fresno, CA 93720.
AGREEMENT TO OFFICIAL RULESParticipation in the Contest constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
CONTEST PERIODThe Contest begins on July 1, 2021 at 12:00 AM Eastern and ends on July 31, 2021 at 11:59 PM Eastern (the Contest Period). Submissions will only be accepted for the duration of the Contest on Instagram and TikTok social media platforms.
HOW TO ENTER Participants must capture an image of a Prima® peach in the submission. The content can then be submitted on Instagram or TikTok using the hashtag #PrimaPeachChallenge. If a Participant chooses to enter using a wireless phone or mobile device, message and data rates may apply. Followers of the account @PrimaWawona can enter their submission with the hashtag #PrimaPeachChallenge and mentioning @PrimaWawona. Images by Participants must be within good taste or may otherwise be deemed inappropriate by the Sponsor, in the Sponsor’s sole and absolute discretion, and considered ineligible in the contest.
PRIZE DRAWINGAfter the Contest Period has concluded, the Sponsor will select six (6) potential winners from among all eligible entries received. The Sponsor will attempt to notify the potential winners via appropriate medium on or about five (5) business days after expiration of the Contest Period. The Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. If the potential winner(s) cannot be contacted, does/do not respond, or is determined by the Sponsor to be an ineligible entrant within one (1) day after the date of the first attempt to contact the potential winner, the Sponsor may select one or more alternate potential winners in the potential winner’s place from the remaining non-winning, eligible entries.
WINNER NOTIFICATIONThe potential winners will be notified via social media messaging, by email, mail or phone. Each potential Prize winner will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim a prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which Sponsor will not award the prize.
PRIZESThree (3) Contest winners from Instagram submissions and three (3) Contest winners from TikTok submissions will receive one (1) of the following:
• First Place Winners on Instagram & TikTok each receive $5,000;
• Second Place Winners on Instagram & TikTok each receive $3,000;
• Third Place Winners on Instagram & TikTok each receive $2,000.
GENERAL CONDITIONSIn the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non- suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or engaging in conduct that is unsportsmanlike or disruptive. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including but not limited to attorney fees and consequential, indirect, and punitive damages) and any other remedies, including equitable remedies, from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITYBy participating in the Contest, entrants (i) acknowledge that entries become the sole and exclusive property of the Sponsor and entries will not be acknowledged or returned; (ii) Sponsor has the right to edit, adapt, modify, reproduce, market, promote, and otherwise use or not use entry in any way; (iii) warrant to Sponsor that entrant created the competition entries and owns all of the copyright in those entries, as applicable; (iv) Sponsor’s use of the entries in accordance with these Official Rules will not infringe upon any person’s intellectual property rights or other legal rights. Entrant grants Sponsor an exclusive, worldwide, royalty-free, perpetual and irrevocable license to copy, store, edit, distribute, transmit and publish entrant’s competition entries. To the maximum extent permitted by applicable law, entrant irrevocably and unconditionally waives its rights to be identified as the author of its competition entries and to object to any derogatory treatment of its competition entries. Entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including but not limited to any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, postage-due or misdirected mail, entries, application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest- related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant shall indemnify, defend and hold Sponsor harmless from and against entrant’s negligence and willful misconduct directly or indirectly related entrant’s submission to, and participation in, the Contest. Sponsor and/or the Released Parties shall not be liable for any claims resulting from entrant’s participation in the Contest, and in no event shall the entrant be entitled to receive any reward of damages, including but not limited to attorney fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by entrant, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DISPUTESExcept where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or related to the Contest shall be instituted exclusively in the federal courts of the United States located in the City of Fresno or the courts of the State of California located in the Fresno County, and Sponsor and entrant irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to Sponsor’s address provided herein set forth in its submission shall be effective service of process for any suit, action or other proceeding brought in any such court.
WINNERS LISTSponsor may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details. The name of the winners will be posted publicly at locations including but not limited to one or more the following: the Sponsor’s Facebook page (https://www.facebook.com/primawawona/), the Sponsor’s Instagram page (https://www.instagram.com/primawawona/), or the Sponsor’s website (https://prima.com/).
To request the name of the winners send a self-addressed, stamped envelope to 7108 N. Fresno Street, Suite 450, Fresno, CA 93720. Winners List requests will only be accepted after the promotion end date (listed above). For the Winners List, you can also send an email to email@example.com.