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FNCE YETI GIVEAWAY 2023

OFFICIAL RULES

IMPORTANT: Please read these Official Rules before entering the Sunsweet FNCE Cooler Giveaway (the “Sweepstakes”), sponsored by Sunsweet Growers, Inc. (“Sponsor”). By entering the Sweepstakes, you agree to the terms of these Official Rules. These Official Rules shall govern in the event of any inconsistency with other Sweepstakes-related materials.

 

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 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. 

 

  1. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older at time of entry. All entrants must have a valid email address . All federal, state, and local regulations apply. Employees of Sponsor, its parent company, subsidiaries, affiliates, suppliers, and agencies, and their immediate family members and persons living in their household are not eligible to enter the Sweepstakes. VOID WHERE PROHIBITED OR RESTRICTED.

 

  1. ENTRY PERIOD: The Sweepstakes will take place during Conference hours (beginning at 9:00AM (Central Time) on Sunday, October 8th, 2023, and ending at 1:00PM (Central Time) on Tuesday, October 10th, 2023 (“Sweepstakes Period”). Each day of the Conference will be a separate “Conference Day.”

 

  1. HOW TO ENTER: During the Sweepstakes Period, visit the Sunsweet booth (the “Sunsweet Booth”) at the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo (“Conference” or “FNCE 2023”) taking place at the Denver Convention Center located at 700 14th St, Denver, CO 80202 and:

 

  • Have your badge scanned by a Sunsweet Booth staff member so that Sponsor can collect your full name, email address and company name;
  • Access the Instagram application on your mobile device;
  • Share a photo or video (each a “Submission”) in your Instagram feed or as an Instagram Story which shows the Sunsweet Booth or shows you attending the Sunsweet Booth (“Theme”);
  1. a) If you are sharing your Submission in your Instagram feed, you must tag @sunsweetgrowersinc and include the hashtags #FNCE and #SunsweetGrowersSweepstakes in your post.
  2. b) If you are sharing your Submission via an Instagram Story, you must super-impose @sunsweetgrowersinc and the hashtags #FNCE and #SunsweetGrowersSweepstakes in your Instagram Story.

 

Submissions must comply with the Guidelines and Restrictions defined below. 

To enter, you must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”.  You must have an Instagram app and account to enter the Sweepstakes.  If you do not have the Instagram app, you may download it through the application store on your device.  The Instagram app is free.

Standard data fees may apply if entering the Sweepstakes using your mobile device.  You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.  You should also check your device's features for capabilities and check the device manual for specific use instructions.

By entering, each entrant warrants and represents the following with respect to entrant’s 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 in the Submission in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time.  Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor in their sole and absolute discretion.

 

Providing a Submission constitutes 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, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. 

 

LIMIT ONE (1) ENTRY PER PERSON THROUGHOUT THE SWEEPSTAKES PERIOD. Entrants are not permitted to submit a Submission more than once during the Sweepstakes Period.  Duplicate Submissions by the same person will be subject to disqualification.  Any other attempted form of entry is prohibited; no automatic, programmed, robotic, AI or similar means of entry are permitted. All terms and conditions of Instagram.com apply.  Multiple entrants are not permitted to share the same Instagram account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes).

In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the Instagram account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost or late entries or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of any computer hardware, software, or any combinations thereof; or problems associated with any virus or any other damage caused to entrants’ systems. Incomplete or ineligible entries will be voided. All entries become the property of Sponsor and will not be returned.

By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.

  1. SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS: By entering the Sweepstakes, each entrant acknowledges that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Sweepstakes if it believes in its sole discretion that the entrant’s Submission fails to conform to the Guidelines and Restrictions.

 

            Submission Guidelines:

 

  • The Submission must be in a format compatible with Instagram.
  • The Submission must be primarily in English.

            Content Restrictions:

 

  • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Submission must not disparage Sponsor or any other person or party;
  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created; or
  • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Sweepstakes.

 

 

  1. GRAND PRIZE: One (1) Grand Prize winner will receive a Sunsweet-branded Yeti Cooler.* Approximate retail value (“ARV”) of Grand Prize: $350 USD.

 

Grand Prize winner should allow up to 6 weeks after winner confirmation to receive prize. No transfer or cash or other substitution of all or part of a prize is permitted, except by Sponsor, which reserves the right, in its sole discretion, to substitute the prize or prize component with another of comparable or greater value. Any and all taxes on the prize and any unspecified expenses will be the responsibility of the winners. Sponsor shall not be responsible for any delays, damage in the delivery of the prize, and/or loss of any prize in connection with delivery of the prize via e-mail. In the event that there is an insufficient number of eligible entries, Sponsor reserves the right not to award those prizes.

 

*Yeti is not a sponsor of nor associated with this Sweepstakes.

 

  1. WINNER SELECTION: One (1) winner will be selected by Sponsor’s agency in a random drawing on or about October 27th, 2023, from all eligible entries received during the Sweepstakes Period. The odds of winning depend on how many eligible entries have been received for the drawing. Potential winner will be notified by email on or about October 27th, 2023. Potential winner must respond within ten (10) calendar days of receipt. Potential winner must provide Sponsor with full contact details in order to be awarded the prize. Potential winner may also be required to complete, execute and return an Affidavit or Declaration of Eligibility and Release. If  winner is considered a minor in his/her jurisdiction of residence, Affidavit or Declaration of Eligibility and 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 five (5) 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 Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries (time-permitting).

Noncompliance with any of these conditions may result in forfeiture of the prize, and Sponsor reserves the right to select an alternate winner in such circumstance (time-permitting).

Upon prize forfeiture, no compensation will be given.

 

  1. CONDITIONS: By participating, entrants and winners agree to release and hold harmless Sponsor, Instagram, Inc. and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “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 publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting a prize, winner consents to the use of his/her name for publicity and promotional purposes on behalf of Sponsor with no additional compensation or further permission (except where prohibited by law).

Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, pandemics, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.   All federal, state and local taxes are the sole responsibility of the winner.

 

  1. ADDITIONAL TERMS. 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, web site, 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, epidemics, pandemics 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 winner 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.  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’s representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB OR SOCIAL MEDIA SITE 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.

  1. 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/OR USE OF ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. 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 NON-INFRINGEMENT. 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.
  2. 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 State of New York, City 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 the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

  1. PRIVACY POLICY. All information submitted in connection with entry to this Sweepstakes shall be governed by Sponsor’s privacy policy at https://www.sunsweet.com/privacy-policy/. By entering this Sweepstakes, you acknowledge that you have read and agree to this privacy policy.

 

  1. WINNER’S NAME. To obtain the winner’s name, send a self-addressed, stamped envelope by December 14, 2023 to: Sunsweet FNCE Cooler Giveaway Winner List, Ketchum, Inc. Contact: Elise Quinlan, 1285 6th Ave #401, New York, NY 10019.

SPONSOR: Sunsweet Growers Inc. 901 North Walton Avenue, Yuba City, CA 95993.

 

 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.