Dole Packaged Foods, LLC
“Ray of Sunshine” Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS sweepstakes.
MAKING A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The Ray of Sunshine Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, and located in the U.S. at the time of entry. Dole Packaged Foods, LLC (“Sponsor”), Huerta Quorum, Porter Novelli, and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible. Void elsewhere and where prohibited by law.
2. Promotion Period: The Promotion begins at 12:00 a.m. Pacific Time ("PT") on November 1, 2017 and ends at 11:59 p.m. PT on December 20, 2017 (the "Promotion Period"). All entries must be received by the end of the Promotion Period to be valid.
3. How to Enter: Online Entry: During the Promotion Period, go to facebook.com/dolesunshine and follow the on-screen directions, complete all required registration fields and submit to enter (“Online Entry”). Entrants must complete all required information. Incorrect and incomplete entries are void. LIMIT ONE (1) ONLINE ENTRY PER PERSON/EMAIL ADDRESS, PER DAY, DURING THE PROMOTION PERIOD REGARDLESS OF ENTRY METHOD. If multiple entries are received in a 24-hour period, only the first entry will be accepted and additional entries will be disqualified.
NOTE: Message and data rates apply to use of mobile device for Online Entry. You may be charged by your wireless carrier for accessing the mobile version of Promotion website or otherwise participating in the Promotion via mobile device. Be sure to check your wireless carrier’s pricing plan before participating in the Promotion via mobile device. Not all mobile devices offer wireless Internet access functionality and these services may not be available in all areas.
4. Drawings: For purposes of this Promotion, a "week" is defined as beginning at 12:00 AM PT on Sunday, and ending the following Saturday at 11:59 PM PT ("Weekly Entry Period"). On or about a week after each Weekly Entry Period ends, the Sponsor or its designated representatives will conduct a random drawing to win a Dole 2018 Limited Edition Commemorative Rose Parade® pin (“Weekly Prize”) from among all eligible entries received during all of the preceding Weekly Entry Periods. Entries will rollover to subsequent weekly prize drawings. Weekly Prizes will be automatically mailed to the winner’s address as provided in the registration form. If a potential Weekly Prize winner is found to be ineligible or not in compliance with these Official Rules, or in the event that a Weekly Prize is returned undeliverable, the Weekly Prize will be forfeited and, in the Sponsors’ sole discretion, the Weekly Prize may be awarded to an alternate winner. The right to receive a Weekly Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state and local taxes, if any, are the sole responsibility of winner. Allow six to eight weeks for verification and shipment of each Weekly Prize. Limit one (1) Weekly Prize per person. On or about one week after the Promotion Period ends, the Sponsor or its designated representatives will conduct a random drawing for the Grand Prize winner and Runner-Up Prize winners from among all eligible entries received during the Promotion Period. One (1) potential Grand Prize winner will be selected. Five Runner-Up Prize winners will be selected with one (1) such potential winner selected from each region based on five (5) regions in the contiguous United States. Regions are designated as: Pacific, (CA, OR, WA, NV) Frontier, (ID, UT, AZ, MT, WY, CO, NM, TX, OK) Midwest, (ND, SD, NE, KS, MN, IA, MO, WI, IL, MI, IN, OH) South, (AR, LA, KY, TN. MS, AL, WV, VA, NC, SC, GA, FL,) Northeast (ME, NH, VT, NY, PA, MA, RI, CT, NJ, DE, MD).
5. Prizes, Approximate Retail Value (“ARV”) & Odds: One (1) Grand Prize: Winner will nominate a 501(c)(3) charity of choice (must be approved by Sponsor) to receive a donation from Sponsor of 5,000 lbs. of food and a donation from Sponsor of $5,000. The Grand Prize Winner may split the cash donation and food donation between two charities. i.e. nominate one charity to receive the cash donation, and nominate a different charity to receive the food donation. The Grand Prize Winner may not split the cash or food donations individually. Seven hundred (700) Weekly Prizes (100 per week): Each winner will receive one (1) Dole Limited Edition 2018 Rose Parade® pin. Five (5) Runner-Up Prizes: Each winner will nominate a 501(c)(3) charity of choice (must be approved by Sponsor) to receive a donation from Sponsor of 5,000 lbs. of food. The Approximate Retail Value (“ARV”) of the Grand Prize is $5,000 for the charitable donation of cash and $9,000 for the charitable donation of 5,000 lbs. of food, with a total value of $14,000. The ARV for each Runner-Up Prize is $9,000 for each charitable donation of 5,000 lbs. of food, with a total value of $45,000. The ARV of the Weekly Prizes is $1.00 per pin, with a total value of all pins of $700. The ARV of all prizes in the Promotion (including the charitable donations) is $59,700. Any difference between the stated ARV and actual value of the prize will not be awarded in any form.
The charitable donations of food (for the Grand Prize and the Runner-Up Prizes) and the charitable
donation of cash (for the Grand Prize) will be made directly by the Sponsor to the applicable charity;
winners have no tax implication for the charitable donations and the winners will not benefit from the
donations. Subject to the foregoing, all federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the winner(s).
The Grand Prize winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Promotion as determined by Sponsor in its sole discretion; and, potential Grand Prize winner agrees to cooperate fully with Sponsor and its agencies relative to the performance of such background check by providing all necessary consents and materials in conjunction therewith and to be bound by its results.
By accepting any prize (be it the Grand Prize, a Runner-Up Prize or a Weekly Prize) or donation, winner and any charity acknowledge that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality, merchantability, mechanical condition or fitness for a particular purpose, all of which are hereby disclaimed by the Promotion Parties, and that all prizes are awarded, and all donations are made, “AS IS”, WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
No substitution, cash redemption or transfer or assignment of prizes is permitted except at Sponsor’s sole discretion. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. The food products included in the food charitable donation portion of the Grand Prize and the Runner-Up Prizes shall be determined by Sponsor in Sponsor’s sole discretion and may or may not include products manufactured or distributed by Sponsor.
The Grand Prize winner and all Runner-Up prize winners must provide the name and address of the charity they wish to receive the charitable food donation, and in the case of the Grand Prize Winner, the charitable donation of cash. Each charity is subject to Sponsor’s approval. All nominated charities must be established, reputable and valid 501(c)(3) tax exempt organizations in good
standing, as determined in the sole discretion of Sponsor or its designated representatives.
Arrangements for delivery of prize(s) will be made after winner validation. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. Odds of winning a prize depend on the number of entries received. At the Sponsor’s discretion, unclaimed prizes may not be awarded.
6. General Rules: All applicable federal, state and local laws apply. All potential winners will be contacted by telephone, email, regular, or overnight mail, and will be required to complete, sign and return an affidavit of eligibility, a liability release, and W9 tax form and where lawful, a publicity release within 7 days. The return of any notification as undeliverable or failure to respond to notices or return any required documents in a timely manner may result that a potential winner is decided as ineligible or not in compliance with these Official Rules, as determined solely by the Sponsor or its designated representatives, and may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner, as determined solely by the Sponsor or its designated representatives. By participating in this Promotion, entrants agree to abide by and be bound by the Official Rules and decisions of the Sponsor or its designated representatives, which shall be final in all matters relating to the Promotion.
With respect to the charitable donations, upon approval from Sponsor of the selected 501(c)(3)
charitable organization, each charitable organization will be notified and offered the applicable
donation, which will be made directly by Sponsor to the charity. To accept the donation, each
charitable organization will be required to sign, complete and return a declaration of compliance
(including evidence of the organization’s 501(c)(3) tax exempt status), W9 tax form, liability and
(where not prohibited) a publicity release which must be received by Sponsor or its designated
representatives within seven (7) days of the date notice or attempted notice is sent, in order to receive the donation. If either the potential winner or its nominated charitable organization cannot be
contacted, fails to sign and return the required documents or provide any of the requested
information within the required time period (as applicable), or any notification is returned as
undeliverable, the selected charitable organization may be determined as ineligible or not in
compliance with these Official Rules, as determined solely by Sponsor or its designated
representatives, and such failure may result in the forfeiture of the donation, and the choosing of an
alternate charity, as determined solely by the Sponsor or its designated representatives.
Neither Sponsor nor Promotion Parties (“Promotional Entities”) are responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected or for non-delivered or postage-due mail; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) causes beyond Promotion Parties reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (vii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (viii) by any human, or other error, which may occur in this Promotion or (ix) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor or its designated representatives that corrupt or affect the security, administration, fairness, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, the Sponsor or its designated representatives reserve the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Sponsor or its designated representatives will select any remaining winners in a random drawing from among all eligible, non-suspect entries received through all entry methods combined as of the time/date of termination. Sponsor or its designated representatives reserve the right, in the sole discretion of Sponsor or its designated representatives, to disqualify any individual who tampers with or attempts to tamper with the entry process, who acts in a disruptive or unfair manner, or who attempts to enter using any automatic or programmed entry method, or any entry service. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR its designated representatives RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Dispute: Entrants agree that (i) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) is invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in the state of California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (ii) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entrant’s participation in this Promotion or otherwise accessing this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN AGREEING TO RESOLVE ANY DISPUTE VIA ARBITRATION, ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE IS WAIVING HIS/HER RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO A GIVEN ENTRANT. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Promotion, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion or any content or other material used or displayed on this Promotion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION 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 promotion IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
8. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge, indemnify, defend and hold harmless Promotion Parties and Facebook and each of their parents, subsidiaries, affiliates, directors, employees and agent from and against any and all liability, injury, claims, actions, loss, damage, penalties, including but not limited to those related to publicity rights, defamation or invasion of privacy, resulting in whole or in part, directly or indirectly from or arising in connection with the acceptance, possession, use, misuse or nonuse of any prize offered, or participation in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
9. Publicity: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names, photographs, voices, likenesses, statements biographical information and city and state addresses on a worldwide basis, in perpetuity, for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without additional compensation or notice, unless prohibited by law.
11. Choice of Law and Jurisdiction: This Promotion is offered only in the United States and is governed by the laws of the State of California. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of California located in the county of Los Angeles for any action, suit or proceeding arising out of or relating to this Promotion which are not subject to arbitration as set forth in Section 7 of these Official Rules and/or for entering any judgment on an arbitration award.
12. Winners’ List: To receive the winners’ list for this Promotion, please submit your request to firstname.lastname@example.org within 60 days of expiration of the Promotional Period. The winners’ list will be available after winner validation has been completed.
13. Official Rules Request: To request a copy of the Official Rules, visit www.facebook.com/dolesunshine, http://woobox.com/4j9cnm, or send a self-addressed stamped envelope by December 31, 2017 to: Official Rules Request, 801 N. Brand Blvd., Ste 230, Glendale, CA 91203. Vermont residents may omit return postage.
This Promotion is in no way sponsored, endorsed, administered by or associated with Facebook. Entrants are providing information to Sponsor and not to Facebook.