The Northwest Cherry Growers “#MakeItCherry” Virtual Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
WINNER(S) WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN THREE (3) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Northwest Cherry Growers #MakeItCherry Virtual Contest (“Contest”) begins at 10 a.m. Pacific Time (“PT”) on June 24, 2020 and ends at 11:59 p.m. PT on July 31, 2020 (“Contest Period”). Sponsor will invite entrants to enter the Contest via the sponsor’s Instagram channel for a chance to win. The winners, subject to verification and compliance with these official rules, will be selected based on judging criteria (“Winner Selection”) among eligible entries actually received by Sponsor as set forth in detail below. All components of the prize must be redeemed between August 4, 2020 and August 7, 2020. No substitute dates allowed.
This Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia, who are 18 years or older. Corporate entities are not eligible and have no right to claim any prize won by its employees (even if winning the prize conflicts with corporate policy, in which case the prize will be forfeited entirely). Each entrant is solely responsible for ensuring that his/her entry does not violate his/her employer’s corporate policy. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of the Northwest Cherry Growers (“Sponsor”), and each of their corporate partners, parent companies, divisions, affiliates, subsidiaries, successors in interest, advertising, promotion and public relations agencies (collectively, the “Contest Entities”) are not eligible to enter or win a prize. For the purpose of this Contest, relatives are defined as spouse, partner, parent, legal guardian, in-law, grandparent, sibling, children and grandchildren. This Contest is void outside the fifty (50) United States (including, without limitation, in all U.S. territories (including Puerto Rico), possessions and overseas military installations) and where prohibited by law.
During the Contest Period, eligible individuals can enter the Contest on Instagram through their own personal Instagram profiles. To enter, individual must share a photo on his/her Instagram profile feed of his/her recipe to be judged in the Conteset. Instagram posts must tag the Northwest Cherry Growers Instagram channel @nwcherrygrowers and use the hashtag #MakeItCherry plus the category (“Prize Categories”) he/she is entering for. Entries must be submitted during the Contest Period on Instagram and in strict accordance with the instructions and these Official Rules. Entries may not be made jointly or by any group and may only be made by an eligible individual. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Contest. Limit one (1) Entry per person. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries made by any other individual or any entity, and/or originating at or using any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules. Sponsor may keep all entrant information for up to five (5) years after completion of the Contest for business management and record keeping purposes.
ODDS AND WINNER SELECTION/NOTIFICATION:
Odds of winning depend upon the total number of eligible entries received. Four (4) prize winners will be selected by judging criteria (“Judging Criteria”) from among all eligible entries actually received to be held during the Contest Period in Seattle, WA. Selection will be conducted by Sponsor’s designated representative, whose decisions regarding the judging criteria will be final.
Within approximately three (3) days after the Contest end date, Sponsor or its designee will attempt to notify potential winners that he or she may have won a prize by direct message on Instagram in Sponsor’s sole discretion. If necessary, prize elements will only be mailed to winner’s address in one (1) of the fifty (50) United States or the District of Columbia in Sponsor’s sole discretion. If any prize, prize notification, or Contest-related communication is rejected, faulty, or returned as undeliverable, or if the potential winner does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), if the winner or if the winner or potential winner fails to comply with these Official Rules, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. If legitimately claimed, the prize(s) will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, winner must follow the directions in his or her notification. As a condition of entering the Contest, each winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, within three (3) days of receipt (which may require providing winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
Selection of winners will be determined by Sponsor or by Sponsor’s designated representative. The four (4) prizes are broken into four (4) Prize Categories with one (1) winner per each: “Professional,” “Amateur,” “Most Over the Top,” and “5 Ingredients or Less,” which is how the Judging Criteria follows. For Contest entrants submitting to the “Professional” category, Sponsor or designee will evaluate difficulty of recipe, creativity and showcasing of cherries. For Contest entrants submitting to the “Amateur” category, Sponsor or designee will evaluate execution, presentation and highlighting of cherries in recipe. For Contest entrants submitting to the “Most Over the Top” category, Sponsor or designee will evaluate presentation and extravagance of the recipe. For Contest entrants submitting to the “5 Ingredients of Less” category, Sponsor or designee will evaluate execution, creativity and presence of cherries. Sponsor reserves the right to modify Judging Criteria.
PRIZES, PRIZE CATEGORIES AND APPROXIMATE RETAIL VALUE (“ARV”):
One winner per category with a total of four (4) prize winners, subject to verification, will receive a prize dependent on the Prize Category. Prizes include: for the winner of the “Professional” category, a $500 gift card and shipment of dried Northwest-grown sweet cherries (valued up to $144); for the winner of the “Amateur” category, a $300 gift card and shipment of dried Northwest-grown sweet cherries (valued up to $144); for the winner of the “Most Over the Top” category, a $200 gift card and shipment of Northwest-grown sweet cherries (valued up to $144), and for the winner of the “5 Ingredients or Less” category, a $100 gift card and a shipment of dried Northwest-grown sweet cherries (valued up to $144). All components of the prize must be redeemed between August 4, 2020 and August 7, 2020. Total ARV of Prizes: $1,676.
All fees, costs, taxes (federal, state, and local), and any other expenses not specified herein are the sole and exclusive responsibility of the prize winner. Prize may be subject to additional terms and conditions stated on the certificates or accompanying the certificate at the time of prize award. Winner is exclusively responsible for complying with such terms and conditions. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Failure to use the prize does not relieve the winner of his/her tax obligations associated with winning the prize, if any. By entering this Contest and accepting the prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest- or prize-related activity. If legitimately claimed, each prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Prize will only be mailed or otherwise provided to verified winner’s addresses in one (1) of the fifty (50) United States or the District of Columbia except in Sponsor’s sole discretion.
LIMITATION OF LIABILITY:
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST Entities FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR CONTEST-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Released Parties (Contest Entities) are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for any changes or unavailability of the contest Instagram posts that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Contest Entities are not responsible, and may disqualify you, if your contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state/provincial/territorial or local government authority, or any other cause, whether or not specifically mentioned above.
By entering the Contest (except where prohibited by law), each entrant grants the Contest Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules and awarding of the prizes. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right to restrict or void online entries or participation from any Instagram channel if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant who enters using the Application, the participant will be declared to be the registered account holder of the e-mail address or Instagram profile of record for the account making use of the Application at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address or Instagram account by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to the Instagram Platform will be the responsibility of the registered account holder of the e-mail address for the Instagram account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
The parties agree to attempt to resolve any disputes relating to this Contest by negotiation and/or with a mutually agreed-upon mediator. However, if these attempts are unsuccessful, upon demand by either party, all claims between the parties shall be referred for binding arbitration in accordance with the Washington Uniform Arbitration Act (RCW 7.04A et seq.). There shall be one arbitrator, whose decision shall be final, and binding, and judgment may be entered thereon. The arbitrator shall be selected by agreement of the parties; but if the parties cannot agree on an arbitrator within seven (7) days, the arbitrator shall be selected by the Superior Court for the County of Chelan. The arbitrator is authorized to restrict and/or limit discovery in the arbitrator’s discretion, to that discovery reasonable under the circumstances considering the complexity of the matter and the amount in controversy. Each party waives any right to participate in a common or joint action against the other party, including consolidation of arbitrated claims.
Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR SENTENCE MAY NOT APPLY TO ALL ENTRANTS.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Washington, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in Chelan County Superior Court, Washington, and each entrant accepts and submits to the personal jurisdiction and venue of this Washington courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
WINNER’S LIST/OFFICIAL RULES:
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: Northwest Cherry Growers, 105 S 18th Street, Suite 205, Yakima, WA, 98901. For a copy of these Official Rules during the Contest Period, visit nwcherries.com/makeitcherry. Only one (1) request of either type per outer envelope will be fulfilled. Vermont residents may omit return postage for rules requests. VT residents may omit return postage for rules requests.
THE SPONSOR OF THIS CONTEST IS: Northwest Cherry Growers: 105 S 18th Street, Suite 205, Yakima, WA, 98901.