THE ALMOND BOARD – SAVOR THE FLAVOR OF EATING RIGHT – Win NNM Prize Package including Fitbit Charge
Savor the Flavor of Eating Right Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia.
How to Enter: To enter the Savor the Flavor of Eating Right (?Sweepstakes?), enter using one (1) of the following methods:
Online Entry: Go to Almonds.com/Savor-Flavor and follow the directions to enter during the Sweepstakes Period. You must include on the online entry form your name and e-mail address (collectively, your ?Submission?).
All entrants must have a valid e-mail address. Submission must be in English. Sponsor reserves the right in its sole and absolute discretion, to disqualify any Submissions that are inappropriate for any reason, including without limitation, for depicting or mentioning sex, violence, drugs, alcohol and/or inappropriate language.
By entering, each entrant warrants and represents the following with respect to his or her Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor?s sole and absolute discretion.
Providing a Submission constitutes each entrant?s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor?s websites and properties and on social networking sites (e.g., Facebook, YouTube, Twitter etc.), for any lawful purpose whatsoever.
Limit one (1) entry per person/email address via the Online Entry (for a total of one (1) entry) during the Sweepstakes Period. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes and Incentives requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Sweepstakes begins at 12:00 A.M. EST on March 18, 2016 and ends at 11:59 P.M. PST on March 31, 2016 (the ?Sweepstakes Period?).
3. Eligibility. Participation open only to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old as of date of entry. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of The Almond Board of California (?Sponsor?) and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. One (1) winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
5. Prizes. Prize: One (1) Prize winner will receive NNM Prize Package including: Fitbit Charge, ten (10) almond Perfect Portion tins, five (5) reusable grocery bags and ten (10) single serving almond snack packs. Total approximate retail value (?ARV?) of each Prize: $500.00. Prize is nontransferable. No substitutions or cash redemptions. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of each winner.
6. Notification. Winners will be notified during the business week of April 4, 2016 by e-mail and will be required to respond to Sponsor acknowledging this notification within two (2) days, and to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within five (5) days, of prize notification. If winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor?s parent/legal guardian and awarded in the name of parent/legal guardian. If winner cannot be contacted within two (2) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one (1) prize per person or household.
7. Conditions. All federal, state and local taxes are the sole responsibility of each winner. Participation in Sweepstakes and acceptance of a prize constitutes each winner?s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by such winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice or additional compensation, except where prohibited by law. By participating, each entrant and each winner agrees to release, indemnify and hold harmless Sponsor, its affiliates, partners, promotion and advertising agencies, Facebook, Inc., Instagram, LLC and Twitter Inc. and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the ?Released Entities?), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes related activity and for any claims based on copyright, trademark or publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor?s reasonable control. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. ?Authorized Account Holder? 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., business, educational, institution, etc.) responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one?s ability to enter the Sweepstakes, including any injury or damage to participant?s or any other person?s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES? TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10.00. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/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. The arbitration shall be conducted in the County of New York in the State of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
12. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by April 30, 2016 to: Andrea Carrothers, Porter Novelli, 1615 L Street NW, Suite 1150, Washington, D.C. 20036.
13. Sponsor. Almond Board of California, 1150 Ninth Street, Ste. 1500, Modesto, CA 95354