Sunsweet – #feelgoodfruit – Win a Feel Good Basket

OFFICIAL RULES

THE SUNSWEET #FEELGOODFRUIT SWEEPSTAKES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, OR THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OF AGE OR LEGAL AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ON DATE OF ENTRY.

1. Promotion Dates: The Sunsweet #FEELGOODFRUIT Sweepstakes (the “Promotion”) begins October 31, 2018 at 12:00:00 AM Eastern Time (“ET”), and ends November 30, 2018 at 11:59:59 PM ET (the “Promotion Period”). During the Promotion Period there are a series of events which start and end on the dates and times noted below:

Sweepstakes Events:

Weekly Entry Period 1: 10/31/18 12:00AM ET – 11/4/18 11:59PM ET
Weekly Entry Period 2: 11/5/18 12:00AM ET – 11/11/18 11:59PM ET
Weekly Entry Period 3: 11/12/18 12:00AM ET – 11/18/18 11:59PM ET
Weekly Entry Period 4: 11/19/18 12:00AM ET – 11/25/18 11:59PM ET
Weekly Entry Period 5: 11/26/18 12:00AM ET – 11/30/18 11:59PM ET

Grand Prize Entry Period: 10/31/18 12:00AM ET – 11/30/18 11:59PM ET

Note: All dates/times are Eastern Time.

All non-winning Entries received in any Entry Period will carry over to subsequent sweepstakes drawings during the Promotion Period. The Sponsor’s computer, or that of its designee, runs the official clock for the Sweepstakes and will solely determine the time by which an Entry (as defined below) is received.

2. Promotion Entities: Sunsweet Growers, Inc., 901 North Walton Avenue, Yuba City, CA 95993 (the “Sponsor”); and Marden-Kane, Inc., 575 Underhill Blvd, Suite 222 Syosset, New York 11791 (the “Administrator”). Sponsor and Administrator are collectively referred to as the “Promotion Entities”.

3. Eligibility: Promotion is open only to persons who, as of date of entry, (i) are legal residents of one of the fifty (50) United States or the District of Columbia, (ii) are at least eighteen (18) years or older (or the age of majority in their state of residence if greater than eighteen (18), whichever age is older). This Promotion is void where prohibited by law.

All federal, state, and local laws and regulations apply to this Promotion. By entering this Promotion, you agree to be bound by these Official Rules (posted online at https://promotions.mardenkane.com/sunsweet/feelgoodfruit/) and to waive any right to claim any ambiguity or error in these Official Rules or the Promotion itself. You also agree to be bound by all decisions of the Sponsor or its designees, whose decisions are final and binding.
 By entering the Promotion, you agree to release the Promotion Entities, Facebook, Instagram and Twitter from all responsibility or liability for damages, losses or injuries of any kind resulting from participation in the Promotion or any prize-related activities, if any, or any awarding, possession, use and/or misuse of prize(s), if any, awarded herein. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter, and instead is being administered under Marden-Kane third party platform. You are providing your information to the Promotion Entities and not to Facebook, Instagram or Twitter. All Entrants must have a valid email address that can receive mail from Sponsor as part of a prize validation process and communication with potential winners.

Employees, officers, directors, shareholders, franchisees, franchisees’ employees, and the immediate family members of the Promotion Entities and their respective parent companies, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, or affiliates of any of the foregoing are not eligible to enter this Promotion. For purposes of this Promotion, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers.

4. How to Enter:

1. To enter online/mobile go to https://promotions.mardenkane.com/sunsweet/feelgoodfruit/:

Complete the required registration
Upload a photo or video (MP4 format only, maximum of 30 seconds) of your favorite feel-good moment and provide a comment (maximum 100 words).

2. To enter on Social Media post a photo or video, and a comment, of your favorite feel-good moment on one or all of the following Social Media Channels:

Sunsweet Facebook page (Facebook.com/sunsweet): comment or post, with a statement (maximum 100 words), a photo or a video (maximum 30 seconds) and include the hashtags #FEELGOODFRUIT #SWEEPSTAKES
Instagram: post photo or video (maximum of 30 seconds), a comment (maximum 100 words) and include the hashtags #FEELGOODFRUIT #SWEEPSTAKES
Twitter: post photo or video (maximum of 30 seconds), tweet a comment (maximum 100 words) and include the hashtags #FEELGOODFRUIT #SWEEPSTAKES

See photo and video format/specs below. Comment: maximum 100 words.

Each Entrant may submit a maximum of one (1) entry per day/per method of entry (Facebook online/mobile, Facebook comment, Twitter and Instagram – maximum of 4 entries per day). Each Entry submitted on subsequent days by an Entrant (as defined below) during the duration of the Entry submission period via online method, Facebook, Instagram or Twitter must be unique (variations of any kind are acceptable). [If multiple, non-unique (exact same entry (photo or comment)) Entries are submitted on subsequent days, only the first Entry received via online method, Facebook, Instagram or Twitter will be eligible; all other Entries will be disqualified.]

To enter via online/mobile: Go to https://promotions.mardenkane.com/sunsweet/feelgoodfruit/. Complete required registration. Upload your entry (photo or video (video format MP4 only)), comment, and submit. For entry periods, refer to section 1 above.

To Enter via Facebook: You must have a valid Facebook account to enter the Promotion via this entry method. If you do not have a Facebook account, visit www.Facebook.com and register in accordance with their enrollment instructions. Go to www.facebook.com/Sunsweet. Post your entry (photo or video) as a comment or post on the Sunsweet brand page with the hashtag #FEELGOODFRUIT #SWEEPSTAKES. For entry periods, refer to section 1 above.

To Enter via Instagram: You must have a valid Instagram account to enter the Promotion via this entry method. If you do not have an Instagram account, visit www.instagram.com and register in accordance with their enrollment instructions. Before entering the Promotion, the “Private Account” option in the account settings on your Instagram account must be set to “OFF”. By submitting your information and creating an Instagram account, you agree to the Instagram terms of use and privacy policy. Post your entry with the hashtag #FEELGOODFRUIT #SWEEPSTAKES. For entry periods, refer to section 1 above.

To Enter via Twitter: You must have a valid Twitter account to enter the Promotion via this entry method. If you do not have a Twitter account, visit www.twitter.com and register in accordance with their enrollment instructions. Before entering the Promotion, ensure that the “Protect my Tweets” option in the settings of your Twitter account is NOT selected. By submitting your information and creating a Twitter account, you agree to the Twitter terms of use and privacy policy. Follow @SunsweetGrowers and post your entry with the hashtag #FEELGOODFRUIT #SWEEPSTAKES. For entry periods, refer to section 1 above.

Usage of Facebook, Instagram and Twitter may require a mobile device and therefore you may be charged standard text messaging rates for text messages sent and received from your mobile device according to the terms and conditions in your Customer Agreement with Mobile Carrier.

Photo Format:

Photo must be in .jpg, .gif, or .png format;
Photo must be no larger than 1MB in size;

Video Format:

For video submissions via online/mobile entry videos will only be accepted as MP4s;
Maximum length of all videos is 30 seconds;

Photo/Video Specifications: Your Photo/Video must comply with the following specifications (the “Entry Specifications”): a. it must be your original creation, taken solely by you and not include any personal information. Reproducing, modifying, enhancing or altering a third party’s pre-existing work does not qualify as your original creation; b. it must not violate the rights of any third party, including, but not limited to copyright. For example, your Photo/Video must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights; c. it must not have been published previously, used commercially, submitted to another competition or contest, or won any award; d. it must be in “good taste” and in keeping with the Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Sponsor, in its sole and absolute discretion; e. it must not contain any commercial content that promotes any product or service other than Sponsor’s products; f. it must not defame, misrepresent or contain disparaging remarks about Sponsor or its products; g. it must not be false, inaccurate or misleading; h. it must not violate any law or regulation; i. it must not be libelous, threatening or harassing; j. it must not instigate others to commit illegal activities or violate human rights; k. it must not contain any viruses, worms, or other interfering computer programming; l. and photo/video must not have any writing or use of any filters. Each photo submitted can depict only one (1) image and not be a collage of multiple photos.

Any information collected from the Promotion shall be used only in a manner consistent with the consent given by the Entrants at the time of entry, with these Official Rules, and with the Sponsor’s Privacy Policy found at https://www.sunsweet.com/privacy-policy/.

Proof of transmission (such as a “confirming” message) of the Entry does not constitute proof of submission/delivery. An Entry will not be considered complete if the Entrant’s Photo/Video has not completed the uploading process by the deadline noted above, even if the Entrant initiated the upload before that time.

An Entry may only be submitted by a single individual, the owner of the eligible Photo/Video (the “Entrant”). Group entries will not be accepted (e.g., although different individuals might have taken part in the creation of an Entry, only one individual may be considered to have created and submitted the Entry). By entering the Promotion, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the Entry.

BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON FACEBOOK, TWITTER, INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF FACEBOOK, TWITTER, INSTAGRAM AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.

All Entries (photo/video and comment) will be moderated, and if approved posted to an online Gallery, including entrants first name, last initial. Posting to Gallery does not indicate a winner status.

By entering this Promotion, winners agree to grant the Sponsor, its parents, subsidiaries, and affiliates and their agents and designees, the exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Entry, and also the right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Each Entrant hereby represents and warrants that he/she is the original author/creator of his/her Entry and the Entry will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor’s use of information submitted to Sponsor in connection with this Promotion will be subject to the terms and conditions of these Official Rules. Entries must be received by 11:59:59 PM ET on November 30, 2018 in order to be eligible for part of the Promotion. The Sponsor’s decisions are final on all matters relating to this Promotion. If Sponsor and/or Administrator determine in their sole discretion that an Entrant has breached any representation or warranty or any other requirement described in these Official Rules, the Entry will be disqualified.

5. Sweepstakes Prize Drawing: At the conclusion of each Entry Period, all eligible Entries posted will be entered into a random drawing from all eligible entries received prior to such conclusion. Drawings will be conducted by the Administrator whose decisions, along with the Sponsor, are final and binding on all matters relating to this Promotion. Potential winners are subject to eligibility verification and compliance with these Official Rules.

Sweepstakes Drawing Schedule:

Weekly Entry Period 1: Drawing on or about 11/6/18
Weekly Entry Period 2: Drawing on or about 11/13/18
Weekly Entry Period 3: Drawing on or about 11/20/18
Weekly Entry Period 4: Drawing on or about 11/27/18
Weekly Entry Period 5: Drawing on or about 12/4/18

Grand Prize Entry Period: Drawing on or about 12/4/18

Limit of one (1) Sweepstakes prize per Entrant.

6. Winner Notifications: If a potential winner entered via online/mobile registration/submission, the Administrator will send a notification to the email address submitted during the registration process. If a potential winner entered via a Social Media Channel, the Sponsor will initiate contact by direct message notification. The potential winner, in Sponsor’s sole discretion, may be required to claim ownership of the respective account that submitted the winning Entry, and may be asked to demonstrate control of the account. In the event that a potential winner cannot be contacted, or fails to respond to a direct message notification or comment with the requested information within the required time-frame or return of prize or prize notification as undeliverable, or noncompliance with these Official Rules will result in such potential winner being disqualified and the prize forfeited. Sponsor shall have no further obligation to a potential winner. In order to receive the comment notification, the potential winners’ device and respective settings must be set to receive push notifications.

The potential winner will be required to respond via e-mail within 72 hours with requested information [e.g. email address and physical mailing address (P.O. boxes will not be accepted)]. Grand Prize Winner will be required to sign and properly execute the following documents and return them via e-mail or fax (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) by date indicated in email notification: (1) an Affidavit of Eligibility and Release; (2) where lawful, a Publicity Release; and (3) a W9 Form. If any documents sent by any means to a potential winner are returned as undeliverable or if a potential winner fails to properly execute and return all documents required herein in the time noted, or if a potential winner is found not to be eligible or not in compliance with these Official Rules, the potential winner will be disqualified and, at the sole discretion of the Sponsor, an alternate (Sweepstakes) will be notified, time permitting. All Winners are considered “potential” pending submission of required documents and verification of eligibility and compliance with these Official Rules.

Except where prohibited by law, all Entrants agree that Sponsor may announce the name of the Winner (1st name, initial of last name), City, and State online.

7. Prizes:

Weekly Prizes: One (1) Prize per Weekly Entry Period:

Selected Winners will each receive a Feel Good Basket, which includes deliciously healthy Sunsweet products and $500 (in the form of a gift card*). Total Average Retail Value (“ARV”): $525.

Grand Prize: One (1) Grand Prize:

One Winner will be selected to receive $1,000 (in the form of a gift card*), and a year’s worth of Sunsweet products (120 packages of Sunsweet products). Total Value of Grand Prize: $1,500.

The approximate retail value (“ARV”) of the Sweepstakes Prizes is $4,125usd.

*Gift card terms and conditions apply.

At the Sponsor’s discretion, winning entry may be used in Sunsweet Advertising (not guaranteed, no compensation provided and no cash value associated with use of entry). By participating in the Sunsweet #FeelGoodFruit Sweepstakes, all entrants acknowledge acceptance of these Official Rules and agree to abide by the terms set forth, including use of entry in a Sunsweet Advertisement without compensation.

By participating in Sweepstakes, Winner (hereinafter defined) grants the right to Sponsor to record, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.

All details of Prizes not specified herein shall be determined solely by Sponsor. Prizes are non-transferable; no substitutions or cash equivalents allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. All taxes, costs and expenses relating to acceptance and use of prize, which are not explicitly listed herein as being awarded, are responsibility of prize winner.

Any difference between the estimated and actual value of any prize will not be awarded. Winner may elect to decline any part(s) of the prize as offered, without any additional compensation. If any part of the prize is declined it will not be reimbursed nor awarded to another potential winner.

Weekly Prizes: please allow up to four weeks to receive your prize following confirmation of your prize status.

Grand Prize: Winner will receive their prize approximately four weeks following receipt/confirmation of required documentation. Nutrition tune-up to be arranged on an agreed upon date between Sponsor and Winner

8. Limitation of Liability: By participating in the Promotion, Entrants agree to abide by the terms of these Official Rules and the decisions of the Promotion Entities and release, indemnify, and hold harmless the Promotion Entities and each of their parents, affiliates, subsidiaries and their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “Releasees”) from and against any injuries, losses, damages, claims, actions, disruption of business, or any liability of any kind resulting from or arising from participation in the Promotion or acceptance of the prize that may be awarded.

THE RELEASEES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT ARISING FROM THE ACCEPTANCE OF THE PRIZE.

Entrants agree that this Promotion is governed, interpreted, and enforced by the laws of the State of California, without regard to its conflict of laws principles.

Sponsor reserves the right to extend the Promotion if insufficient entries are received by end of the submission period. Sponsor reserves the right to cancel, terminate, modify or suspend any Promotion if the Promotion is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Promotion. The decision of Sponsor to cancel, terminate, modify or suspend any Promotion shall be final in all respects.

Releasees are not responsible for printing or typographical errors in any Promotion-related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, inability to access any website associated with this Promotion, or inability to process any transaction thereon. Sponsor reserves the right, in its sole discretion to disqualify any Entry and to modify, terminate, or suspend this Promotion should virus, bugs, non-authorized human intervention, action of Entrants, or other causes corrupt or impair the administration, security, fairness, or proper play of the Promotion and, if the Promotion is modified, terminated, or suspended, select winners from those eligible, non-suspect entries received prior to the event requiring such modification, termination, or suspension. Should the Promotion be terminated or modified prior to the stated expiration date, notice will be posted on the Promotion Website. Any attempt by an Entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Promotion via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

9. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion 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. The arbitration shall be conducted in the State of California, in the County of Sutter, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

10. Acknowledgment by Entrants: EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT HE/SHE IS ELIGIBLE TO PARTICIPATE IN THIS PROMOTION, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Winners List: For the name of the prize winners, available after December 15, 2018, send an email with subject line: The Sunsweet Sweepstakes to: winnerslist@mkpromosource.com. Requests received after December 31, 2018 will not be fulfilled.

Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. Instagram is a registered trademark of Instagram, Inc. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram, and instead is being administered under Marden-Kane third party platform. You understand that you are providing your information to Sponsor, and not to Facebook, Twitter or Instagram. The information you provide will only be used for verification of your eligibility to participate in the Promotion and, if you are a prize winner, as provided in the Publicity Release. Any questions, comments or complaints regarding the Promotion are to be directed to Sponsor, at the address above, not Facebook, Twitter, or Instagram.

Gift card provider is not a Participant or Sponsor of this promotion.

© 2018 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.