Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIOD. OPEN TO LEGAL RESIDENTS OF THE STATE OF CALIFORNIA, 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED BY LAW.
The California Farm Water Coalition’s 2016 Summer Basket Giveaway (“the Sweepstakes”) is only open to legal residents of the State of California, who are 18 years of age or older as of the Sweepstakes start date. Employees, officers and directors of the California Farm Water Coalition, it’s contractors, and their parents, affiliates, subsidiaries, networks, advertising and promotion agencies, agents and distributors, and each of such employees, officers and directors immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, “immediate family members” are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Void where prohibited by law. By entering this Sweepstakes, each entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these “Official Rules” and each entrant acknowledges that any violation thereof may disqualify entrant from the Sweepstakes.
Winner Selection and Prize Claiming:
A total of 1 (one) potential winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible entries received in accordance with these Official Rules, which drawing will be conducted by a representative of Sponsor and will take place within a commercially reasonable time after the conclusion of the Entry Period. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the Grand Prize Winner. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Official Rules, and the selection of the Grand Prize Winner will be final. If, for any reason, more than one bona fide Grand Prize Winner comes forward seeking to claim a prize, the Grand Prize Winner may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
Each potential Grand Prize Winner will be notified that he/she has been selected as a potential winner in this Sweepstakes on or about August 15, 2016 by e-mail or other method selected in Sponsor’s sole discretion. Each potential Grand Prize Winner of the Sweepstakes may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release”) and return the Prize Acceptance Release before being eligible to receive his or her prize. If any potential Grand Prize Winner fails or refuses to sign and return such Prize Acceptance Release within five (5) days of the first notification attempt or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Grand Prize Winner, such potential Grand Prize Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If any potential Grand Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential prize winner may then, in Sponsor’s sole discretion, be randomly selected. The Prize Acceptance Release is subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Grand Prize Winners. When a potential Grand Prize Winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be randomly selected. Odds of winning a prize depend on the number of eligible entries received during the Entry Period.
Prizes and Approximate Retail Values:
One Grand Prize Winner shall receive the following (the “Grand Prize”): “California farm products gift box.” Approximate retail value (“ARV”) of each Grand Prize: $100.00. The total ARV for all Grand Prizes being awarded in this Sweepstakes is: $100.00.
Sponsor is not responsible for and a Grand Prize Winner will not receive the difference, if any, between the actual value of the Grand Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Grand Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Grand Prize Winner with their Grand Prize, the Sponsor may elect, to provide Grand Prize Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. If Sponsor determines at any time, in its sole discretion, that a Grand Prize Winner is disqualified, ineligible, in violation of these Official Rules, Sponsor reserves the right to disqualify that Grand Prize Winner, even if the disqualified winner may have been notified or displayed or announced anywhere. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Grand Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used. The ARV of the Grand Prize is based on available information provided to Sponsor and the value of any prize awarded to a Grand Prize Winner may be reported for tax purposes as required by law. The Grand Prize Winners may be required to provide Sponsor with a valid Social Security Number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each Grand Prize Winner for the actual value of the Grand Prize received. Any unclaimed prize will be forfeited. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a Grand Prize Winner because of an incorrect or changed address. If a Grand Prize Winner does not accept or use the entire Grand Prize, the unaccepted or unused part of the Grand Prize will be forfeited and Sponsor will have no further obligation with respect to that Grand Prize or portion of the Grand Prize.
Conditions of Entry:
The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Suspension / Modification / Termination:
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
Entry Information and Sweepstakes Communications:
As a condition of entering the Sweepstakes, each entrant gives consent for the Sweepstakes Entities to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant for marketing or outreach purposes. In the event of a dispute concerning the identity of a participant who enters using the Website, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the Website 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 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. Grand Prize Winner may be required to show proof of being the registered account holder. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
Sponsor and other participating sponsors (collectively with Sponsor, the “Sweepstakes Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Sweepstakes and/or their receipt or use of any prize awarded in the Sweepstakes or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in the Sweepstakes. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Sweepstakes Entities in connection with the Sweepstakes, 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 or provisions which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Sacramento County, California, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Beginning on or about August 15, 2016 you may obtain the name of the Grand Prize Winners by going to the Website.
The Sponsor of this Sweepstakes is: California Farm Water Coalition, a 501(c)3 nonprofit, 6133 Freeport Blvd, 2nd Floor, Sacramento, CA 95822
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