SWEETANGO APPLE SHARE THE CRUNCH CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Description: The SweeTango Apple Share the Crunch Contest ("Contest") begins at 12:00 a.m. PST on September 18, 2017 and ends at 11:59 p.m. PST on November 05, 2017 (the "Contest Period"). The Contest Period consists of an entry period (the “Entry Period”) which begins at 12:00am PST on September 18, 2017 and ends at 11:59 p.m. PST on November 01, 2017, and a Voting Period (the “Voting Period”) which begins 12:00am PST on September 18, 2017 and ends at 11:59 p.m. PST on November 05, 2017.
The Sponsor of this Contest is the Next Big Thing, A Growers' Cooperative, 1707 Baxter Avenue, Alden, NY 14004 ("Sponsor"). The administrator of this Contest is The Fiction Tribe, 915 NE Davis St. Portland OR, 97232 ("Administrator"). This Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, or Twitter.
2. Eligibility: The Contest is only open to legal residents living in the United States (excluding Arizona and Colorado) and the District of Columbia or in Canada (excluding the Province of Quebec), who are at least 18 years old at the time of Entry and logging onto the Internet from the United States or Canada (excluding the Province of Quebec) and who are not otherwise excluded from participation (each an “Entrant” or, collectively, “Entrants”).
Employees, owners, shareholders, officers and directors of Sponsor or Administrator (collectively, the “Contest Entities”), Facebook, Instagram, and Twitter, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. "Immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
In the event of a dispute over the identity of an Entrant or potential winner in the Contest, the Entrant or potential winner will be deemed the authorized account holder of the email address or social media account associated with the Entry. “Authorized account holder” is defined as the natural person in whose name the email account or social media account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Void where prohibited or restricted by law.
3. How to Enter: An Entrant can enter the Contest (each an “Entry”) as follows:
A. Via Facebook Post: During the Entry Period, visit the SweeTango Facebook page and post a photo, video or written post to the SweeTango timeline depicting how you share or would share SweeTango apples. Posts must include the hashtags: #sharethecrunch and #entry. You can create a Facebook account by visiting www.facebook.com.
B. Via Facebook Upload: During the Entry Period, visit the SweeTango Facebook page tab entitled “Share the Crunch Contest” and use the form provided to upload a photo or video depicting how you share or would share SweeTango apples along with a caption for your submission as well as your e-mail address. Click “Enter” to submit your Entry. You can create a Facebook account by visiting www.facebook.com.
C. Via Instagram: During the Entry Period follow @sweetango_apple on Instagram and use the Instagram application to upload to your Instagram account a photograph or video that shows how you share or would share SweeTango apples. Posts must include the hashtags: #sharethecrunch and #entry. You can create an Instagram account by visiting www.instagram.com.
D. Via Twitter: During the Entry Period follow @SweeTango on Twitter and use the Twitter application to upload to your Twitter account a “tweet” depicting how you share or would share SweeTango apples. Posts must include the hashtags: #sharethecrunch and #entry. You can create a Twitter account by visiting www.twitter.com.
E. Via the SweeTango Website: During the Entry Period, visit the SweeTango website at www.sweetango.com/SharetheCrunchContest and use the form provided to upload a photo or video depicting how you share or would share SweeTango apples along with a caption for your submission as well as your e-mail address. Click “Enter” to submit your Entry.
Regardless of whether you enter via Facebook, Instagram, Twitter, or Sponsor’s website, you may only enter the same Entry (whether a post, photo, or video) once in the Contest. You may enter the Contest multiple times provided each Entry must be original. Mailed or hard copy Entries will not be accepted.
Entries from Facebook, Instagram, or Twitter users with “protected” accounts that only permit approved users to view posts may not be received by Sponsor or be eligible to participate in the Contest. If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Entries will not be acknowledged or returned. Entries that do not comply with these Official Rules, or that otherwise contain incomplete, prohibited, inappropriate, offensive, infringing, or otherwise unlawful, illegal or unacceptable content as determined by the Administrator, in its sole discretion, will be disqualified, and will not be entered into the Contest (without notice to you).
All Entries must be received by the close of the Entry Period. Each qualified Entry counts as one (1) Entry per Entrant. If you enter the Contest and are discovered to be under the age of 18, a resident of Arizona or Colorado or the Province of Quebec, or are otherwise not eligible to enter the Contest, you will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Entrants must accurately provide all of the requested information to be eligible to participate. Incomplete, unreadable, or unintelligible Entries will be disqualified. All information, photos, videos and writings provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Each Entrant must be the rightful owner (or have authorized use) of the email address or social media account identified in the Entrant's Entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the provided email address or social media account was opened.
4. Voting: Administrator will collect Entries from the social media sites and website set forth in Section 3 above daily and make a determination of eligibility of Entries pursuant to these Official Rules. All eligible Entries will be posted on the the SweeTango website, www.sweetango.com (the “Site”), and will be subject to voting by visitors to the Site during the Voting Period, which begins 12:00am PST on September 18, 2017 and ends at 11:59 p.m. PST on November 05, 2017. Visitors will have the opportunity to visit the Site each day during the Voting Period and vote for their favorite Entry. Limit one (1) vote per Entry, per IP address, per day. The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify all such votes and to disqualify the responsible individual from voting. Any attempt by any person to vote more than the number of times authorized herein, using any third-party proxy voting services, incentives not sponsored by Sponsor, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, shall give Sponsor, in its sole discretion, the right to disqualify Entrant from the Contest. All Entrants and the votes each Entrant receives are subject to verification by Contest Entities, and must meet all eligibility requirements before Entrant may be confirmed as a winner of any prize.
5. Agreement to Official Rules: By participating, Entrant agrees to be fully unconditionally bound by these Official Rules, and represents and warrants that Entrant meets the eligibility requirements set forth herein. In addition, Entrant agrees to accept the decisions of Contest Entities, as final and binding as it relates to the Contest. The Contest is subject to all applicable federal, state and local laws.
6. Winner Selection and Notification:
A. Grand Prize
On or about Monday, November 06, 2017, the Contest Grand Prize Winner will be determined by the Administrator based solely on the most public votes received on the Site during the Voting Period. All eligible Entries will be judged by the voting public during the Voting Period. In the event of a tie, Entries will be judged by the Sponsor or Administrator based on content and a winner will be determined in Sponsor’s or Administrator’s sole discretion.
The potential winner will be notified on or about Monday, November 06, 2017 via e-mail (if provided) or through a comment on the social media post or a direct message to the social media account provided on the Entry. The potential winner is responsible for checking his/her spam filter and social media inboxes, and otherwise ensuring that Contest Entities have access to make such contact. The potential winner will be required to respond (as directed) to the notification within three (3) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize. The potential winner will be required to verify address and birthdate, sign, and return within five (5) days of receipt an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure of a potential winner to respond to the attempted notification or to return the Prize Claim Documents within the specified time period, or the determination that the potential winner is otherwise ineligible to participate in the Contest, may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible Entries. Administrator, in its sole discretion, will attempt to contact up to three (3) potential winners for the grand prize in accordance with the above procedure, after which the grand prize in question may go unawarded if it remains unclaimed. If the grand prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Contest Entities’ sole discretion. Additional restrictions, limitations, and exclusions may apply.
An IRS Form 1099 will be issued in the name of the U.S. winner for the actual value of the grand prize received. The winner must provide his or her Social Security Number in accordance with Internal Revenue Service regulations. The IRS Form 1099 will be issued for the calendar year in which the grand prize was fulfilled.
B. Second Place Prizes
On or about each Monday during the Contest Period, the Administrator will conduct a random drawing from all eligible Entries received during the Contest Period to date (each a “Second Place Drawing”) to select five (5) potential Second Place Prize winners. Potential winners will be notified via e-mail (if provided) or through a comment on the social media post or through a direct message to the social media account provided on the Entry. The potential winner is responsible for checking his/her spam filter, social media inboxes, and otherwise ensuring that Sponsor and Administrator have access to make such contact. The potential winner will be required to respond (as directed) to the notification within three (3) days (or a shorter time if required by exigencies) of attempted notification. The potential winner must provide a name and mailing address for the delivery of a package. The failure to respond within the stated time period or the determination that the potential winner is otherwise ineligible to participate in the Contest may result in forfeiture of the prize. Administrator, in its sole discretion, will attempt to contact up to three (3) potential winners of each prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Contest Entities’ sole discretion. Limit one (1) Second Place Prize per Entrant. Non-winning Entrants will be eligible for future Second Place Drawings, if any.
All eligible Entrants, regardless of status of having won a Second Place Prize, are eligible for the Grand Prize.
7. Prizes: There is one (1) grand prize available. The Grand Prize consists of $1,000.00 (USD) for the Grand Prize Winner, and $1,000 (USD) for the nearest nonprofit or 501(c)(3) tax exempt foodbank that services the Grand Prize Winner’s city, county/parish, or state/province with feeding programs that address hunger as chosen by the Administrator in its sole discretion. Approximate Retail Value of the Grand Prize: $1,000.00 (USD).
There are forty (40) Second Place Prizes available. Second Place Prize consists of a gift box of six (6) SweeTango apples. The Second Place Prize will be mailed to winners of the Second Place Drawings via USPS, FedEx or UPS. Approximate Retail Value of each Second Place Prize: $30.00 (USD). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor.
Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of a prize or transfer/assignment of a prize to others or request for the cash equivalent by winners is permitted, except that Contest Entities reserve the right to replace a prize with another prize of equal or greater value.
8. Odds: The odds of winning depend on the number of eligible Entries and votes received.
9. Conditions of Participation / Releases: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, and notification tasks on Sponsor’s behalf. All federal, state, and local laws and regulations apply. By participating in this Contest and/or by accepting any prize, each Entrant agrees to release the Contest Entities, Facebook, Inc., Twitter, Inc., and Instagram, LLC and each of their respective advertising agencies, successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, losses or damages arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of a prize. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession, use or misuse of a prize including participation in any activity related thereto, or from participation in the Contest; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Contest. Contest Entities disclaim any liability for damage to any computer or mobile system resulting from participating in, or accessing or downloading information in connection with this Contest. Contest Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Contest (or any portion of the Contest) at any time for any reason or should fraud, a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, will select the winner from eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives.
As a condition of entering, Entrants agree (and agree to confirm in writing): (a) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. Indemnity: Each winner shall indemnify, defend and hold harmless the Contest Entities from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
11. Rights Granted by You.
A. By entering this content you understand that Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns, will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your Entry, including, without limitation, the Entry and winner's name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation, unless otherwise prohibited by law.
B. As used in these Official Rules, the term “Rights” shall mean rights of copyright, patent rights, trademark and service mark rights, publicity rights, trade secret rights, character rights, trade dress rights, and all other proprietary rights of any kind whatsoever, together with any and all applications, registrations, renewal and extension rights, and rights to sue for any past, present, or future infringement or violation. Each Entrant must have all Rights in and to his/her Entry as of the time of Entry to the Contest. By submitting an Entry, each Entrant represents and warrants that: (a) the Entry is his/her original work of authorship, creation, or invention; (b) he/she is the exclusive owner of the Rights related to the Entry, or he/she has written permission from the owner of such Rights: (i) to submit such Entry as part of this Contest; and (ii) to grant to Sponsor all rights necessary to use the Entry, including but not limited to the rights necessary to use his or her Likeness as described below; (c) no other person or entity is entitled to any payment for the use of the Entry; (d) he/she has obtained from anyone identified or depicted in the Entry (or the parent or guardian of any child identified or depicted) all permission necessary to grant Sponsor the rights granted herein; and (e) he/she has obtained from the owner of the related Rights, all permission necessary for the inclusion and use in the Contest of any graphics, artwork, location or other items or elements that appear in the Entry. An Entry must not have been, and may not be, entered in any other contest (including this Contest) or previously published. Modifying, enhancing, or altering a third party’s preexisting work does not qualify as an Entrant’s original creation. Each Entrant agrees to indemnify and hold harmless Sponsor and its third-party service providers from and against all claims or damages arising out of the use of such Entrant’s Entry. Sponsor reserves the right to void and/or disqualify any Entry if the Entry is found in Sponsor’s sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied or fraudulent, to infringe upon existing Rights of others, or to be incomplete, damaged, obscene, offensive, promoting a particular political agenda, promoting drugs, or firearms/weapons, or otherwise unsuitable for any reason as determined in Sponsor’s or Administrator’s sole discretion. By entering the Contest, each Entrant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, worldwide, unlimited, non-exclusive, sub-licensable unrestricted right and license to use, review, reproduce, modify, distribute, publicly display, publicly perform, commercialize, and create derivative works of the Entry, in whole or in part, in all media now existing or later developed without expectation of compensation or acknowledgement (other than a prize, if any, that is awarded as set forth in these Official Rules). Sponsor shall have no obligation to any Entrant to make attribution with respect to an Entry, retain any of the foregoing, or maintain any information or ideas contained therein, as confidential or proprietary.
C. By entering the Contest, each Entrant hereby irrevocably consents to the unlimited reproduction, distribution, display, performance, and other use by Sponsor and its successors and assigns of his/her name; image; likeness; voice; photo and video; biographical information; statements and quotes; stories and anecdotes provided; and all of his/her other personal or commercial attributes or identifying features, and of which may or may not contain images of the Entrant’s family, friends, or pets (each, a “Likeness”), for any purposes directly or indirectly related to this Contest, and in any format or medium now existing or later developed. Each Entrant hereby waives any and all rights of publicity and rights of privacy associated with Sponsor’s use of a Likeness. Sponsor may, in its sole discretion, and without providing notice to or receiving consent from an Entrant, modify, change, adapt, or otherwise alter a Likeness. Entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Likeness. The rights granted under this Section 11 are without compensation or notification to the Entrant of any kind, except as required by law, and shall extend to all Entries, all other materials submitted by the Entrant, and all other materials developed in connection with the Contest, regardless of whether they are developed by the Entrant or another person or entity.
12. Internet/General Provisions. Persons found tampering with or abusing any aspect of this Contest, as solely determined by Contest Entities, will be disqualified and Entry material/data that has been tampered with or altered is void. Any use of robotic, automatic, programmed, or like Entry methods or the use of multiple accounts to make Entries will void all Entries affected by such methods and be deemed tampering. Entrants are prohibited from assisting or encouraging anyone to make more than one Entry. If disqualified for any of the above abuses, Contest Entities reserve the right to terminate such person’s eligibility to participate in the Contest. Sponsor may modify, suspend, or terminate the Contest at any time, and for any reason that it may determine in its sole discretion. Sponsor reserves the right in its sole discretion to cancel the Contest and select the winners for the prizes from all eligible Entries received prior to the cancellation. Sponsor is not responsible for any problem with a Contest Entry generated by computer hardware or software malfunction, error, or failure. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. A potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning Entry or account. Each Entrant hereby authorizes Administrator or Sponsor to contact them by email or other electronic means in conjunction with matters related to the Contest. Sponsor reserves the right to amend these Official Rules at any time during the Contest.
13. Governing Law / Disputes: The laws of the State of Minnesota shall govern the Contest. Except where prohibited, you agree that this Contest shall be governed by the laws of the State of Minnesota and: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Hennepin County, Minnesota; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees (except as otherwise provided in these Official Rules); (c) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (d) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. Under no circumstances shall Sponsor’s aggregate liability to you or any Entrant of the Contest exceed One Dollar ($1.00).
15. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: SweeTango Share the Crunch Contest, The Fiction Tribe, 915 NE Davis St, Portland, OR 97232. Requests for the names of the winners must be received no later December 1, 2017.
16. Sponsor: The Sponsor of the Contest is Next Big Thing, A Growers' Cooperative. SweeTango® is a registered trademark of the Regents of the University of Minnesota. The Contest is not sponsored by, endorsed by, administered by, or associated with the Regents of the University of Minnesota, Facebook, Inc., Twitter, Inc., or Instagram, LLC.
17. Administrator: The Fiction Tribe, 915 NE Davis St., Portland, OR 97232.
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