Eligibility: The #TeamGoodFat Sweepstakes (“Sweepstakes”) is only open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older, all at the time of entry. Employees, contractors, directors, officers, and agents of the California Walnut Commission, Hass Avocado Board and Seafood Nutrition Partnership (“Sponsors”), its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sweepstakes Period: The Sweepstakes begins on October 20, 2018 at 9:00 a.m. Pacific Time (“PT”) and ends on October 23, 2018 at 4:59 p.m. PT (the “Sweepstakes Period”). All entries must be received before the Sweepstakes Period’s end time/date to be valid.
To Enter: During the Sweepstakes Period, log into your Instagram account (or go to Instagram.com or download the Instagram application on your device and create an account for free, which account is subject to Instagram terms and conditions) and visit the Sponsors’ Instagram pages @cawalnut, @loveonetoday, @seafoodnutritionpartnership. Then, find the post with details about the Sweepstakes and how to enter and follow the instructions in the post. Take a photo of a meal, snack, or piece of swag that features at least one of the following good fat food ingredients: seafood, avocados, or walnuts, and post it directly to Instagram. You must include the hashtag #TeamGoodFat and #sweepstakesentry in the caption of your photo. Each photo received that follows the requirements and uses the #TeamGoodFat and #sweepstakesentry hashtag will receive one (1) entry into the Sweepstakes. There is no limit to the amount of entries an individual can have. Submissions will not be judged. Your entry must include the hashtag “#TeamGoodFat” (and any other required hashtags as stated in the entry post) to be considered a valid entry.
Please Note: The content of your Instagram post will not be judged and therefore will not increase or decrease your chances of winning the prize.
Individuals who do not follow all of the instructions, provide the required information, use the required hashtag(s) (if any), and/or abide by these Official Rules or other instructions of Sponsors may be disqualified. If entry method requires content to be submitted, such entries must comply with the Entry requirements set forth herein to be valid. As used herein, “Entry” (and/or “Entries”) refers to all content you submit in connection with the Sweepstakes (including, but not limited to, photos, answers, descriptions, explanations, hashtags, tags, tag names, etc.), if any. Sponsors reserve the right to remove any Entry that does not adhere to the submission requirements, as determined in Sponsors’ sole discretion, and/or disqualify the entrant. All Entries must be in compliance with the Instagram format requirements. Entries must be in English. By submitting an Entry into the Sweepstakes, you hereby warrant and represent that your Entry conforms to all Entry Requirements set forth herein.
If you choose to enter using your mobile phone, standard data rates may apply. See your wireless service provider for pricing plan details and capabilities.
Limit: Unlimited entries per person. The California Walnut Commission’s computer is the official time keeping device for this Sweepstakes.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities/accounts, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsors’ sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
Entry Requirements: If applicable, entrants represent and warrant that their Entry is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Entry via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsors’ use of such Entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsors under any obligation, that Sponsors are free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND ENTRY MAY BE POSTED ON SPONSORS’ WEBSITES OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSORS, IN SPONSORS’ DISCRETION. Submission of Entry grants Sponsors and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
All Entries you submit must conform to the additional submission requirements set forth herein:
ENTRIES POSTED ARE NOT EDITED BY SPONSORS AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSORS IN ANY MANNER. Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to entrants. Sponsors reserve the right to waive the Entry submission requirements set forth herein in its reasonable discretion. Sponsors reserve the right, in its reasonable discretion, during or upon completion of the Sweepstakes Period, to request that any entrant resubmit his or her Entry which fails to comply with the Sweepstakes entry requirements prior to any drawing.
Drawing: On or around October 21, 2018, October 22, 2018, and, October 23, 2018, Sponsors will randomly select ten (10) winners on each of the dates previously stated, among all eligible entries received, for a total of thirty (30) winners. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. Sponsors’ decisions are final and binding in all aspects.
Winner Notification: On or around October 21, 2018, October 22, 2018, and, October 23, 2018, Sponsors will notify the potential winners by direct messaging them through Instagram’s private direct messaging service. Such winner will be required to respond to such notification within five (5) days via private Instagram message in order for Sponsor to capture winner’s name and email address. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsors’ sole discretion. In the event that a potential winner is disqualified for any reason, Sponsors reserve the right to award the prize to an alternate entrant who will also be selected randomly. Winners may be required to complete, sign and return an Declaration of Compliance and Release, and, where lawful, a Publicity Release, within ten (10) business days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
Prize(s): Thirty (30) verified winners shall receive one (1) $100 VISA gift card, awarded in the form of a virtual VISA gift card provided by giftcards.com. Approximate Retail Value (“ARV”) of each prize: $100. Total ARV of all prizes is $3000.00. ARV is as of date of printing of these Official Rules. The difference between any stated value and actual value will not be awarded to winner. Limit: one (1) prize per person/household. Prizes are non-transferable, and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsors. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsors reserve the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation. Gift cards are subject to the terms, restrictions, and conditions as set forth thereon.
Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsors, their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Promotion Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsors and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
General Conditions: Sponsors are not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsors reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in its sole discretion. In the event of cancellation, Sponsors will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsors is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsors reserve the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsors will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsors shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 8(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Sacramento, California.
Entrant’s Personal Information: Please see the privacy policy located at https://walnuts.org/privacy-policy/ for details of Sponsors’ policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: #TeamGoodFat Sweepstakes 829 De La Vina St. Suite 100, Santa Barbara, CA 93101. Winner List requests will only be accepted after the Sweepstakes Period end date. Requests must be received by 11/31/2018.
Sponsors:
© 2018 California Walnut Board and Commission.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Sweepstakes Sponsor, and not to Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Instagram.
