THE MONTEREY MUSHROOMS GRILL AWAY GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Monterey Mushrooms Grill Away Giveaway (the “Sweepstakes”) is open to legal residents of the state of Texas who are age 18 or older at the time of entry. Void outside the state of Texas and wherever else prohibited by law. Employees of Monterey Mushrooms, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
SWEEPSTAKES ENTRY PERIODS: The Sweepstakes begins at 12:00:00 AM Central Time (“CT”) on Wednesday, September 5, 2018 and ends at 11:59:59 PM CT on Monday, September 17, 2018 (the “Sweepstakes Period”). Within the Sweepstakes Period, there will be six (6) Entry Periods (each, an “Entry Period”) and six (6) corresponding Random Drawings (each, a “Drawing”) as defined in the “Entry Periods & Drawings Schedule” below. Entries must be received during an Entry Period to be eligible for that Entry Period’s drawing and prize. Non-winning entries for an Entry Period will roll over to subsequent Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
HOW TO ENTER: There are two (2) methods of entry.
Method #2: Instagram Entry:
- Take a photo of your favorite tail gate food (the “Photo”);
- Log in to your Instagram account and follow @MontereyMushrooms;
- No other individuals besides the entrant may appear in the Photo without express written permission. If Photo features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
- Photos must conform to the format and size requirements and limitations of Instagram.
- Instagram Entry and Photo cannot contain content that is irrelevant to the purpose of the Sweepstakes.
- Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo must be original, on which no image editing software has been used.
- No duplicate Photos or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Instagram Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Instagram Entry and Photo cannot be violent or promote firearms/weapons.
- Instagram Entry and Photo cannot promote alcohol, illegal drugs or tobacco.
- Instagram Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Instagram Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Instagram Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Instagram Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Instagram Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Instagram wish to associate.
- Instagram Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
- Instagram Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Instagram Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Instagram Photo cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Instagram Entry, Entrants understand and grant to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Instagram Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Instagram Entry, which includes the Photo. By submitting an Instagram Entry, Entrant warrants and represents that: (a) Instagram Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to the Instagram Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (c) Entrant will indemnify and hold harmless the Sponsor, Sweepstakes Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Instagram Entry, or Entrant’s conduct in creating the Instagram Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes. INSTAGRAM ENTRIES THAT MAY BE POSTED TO THE SPONSOR’S WEBSITES OR SOCIAL SITES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SWEEPSTAKES ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
Online Entry and Instagram Entry collectively referred to herein as “Entry” or “Entries”. Entries must be received between Wednesday, September 5, 2018 at 12:00:00 AM CT and Monday, September 17, 2018 at 11:59:59 PM CT. Multiple participants are not permitted to share the same email address or Instagram account. Incomplete Entries will not be accepted and are void. Limit: There is a limit of one (1) Online Entry and one (1) Instagram Entry per person. All methods of entry have an equal chance of winning. Any additional Entries received from any person will be void and will be disqualified. Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
First Prize: There are six (6) First Prizes available to be won, as shown in the Entry Period & Drawings Schedule in the Sweepstakes Entry Periods section of these Official Rules. Each First Prize winner will receive one (1) Portable Gas Grill and one (1) BBQ Tool Kit. The ARV of each First Prize is $265.
Second Prizes: There are six (6) Second Prizes available to be won, as shown in the Entry Period & Drawings Schedule in the Sweepstakes Entry Periods section of these Official Rules. Each Second Prize winner will receive one (1) BBQ Tool Kit. The ARV of each Second Prize is $65.
Third Prizes: There are six (6) Third Prizes available to be won, as shown in the Entry Period & Drawings Schedule in the Sweepstakes Entry Periods section of these Official Rules. Each Second Prize winner will receive one (1) Picnic Blanket. The ARV of each Third Prize is $60.
The total ARV of all prizes available to be won: $2,340.
There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of eligible entries received per Entry Period.
RANDOM DRAWING & WINNER NOTIFICATION: Random Drawings will be conducted by the Sweepstakes Administrator, an independent representative of the Sponsor, whose decisions are final. The potential Prize winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Entry Period on or about the corresponding Random Drawing Date indicated in the Entry Period & Drawings Schedule in the “Sweepstakes Entry Periods” section of these Official Rules.
In the event a prize winner entered via Online Entry, such prize winner will receive their prize via mail within approximately 45 days after random drawing. The Prize will be sent to the mailing address provided on the online entry form at the time of entry.
In the event a potential prize winner entered via Instagram Entry, such potential prize winner will be notified by Sponsor via direct message and/or Photo comment to his/her public Instagram account (the “Notification”) on or about a Drawing Date. The potential winner must respond as instructed to the Notification with his/her full name, Instagram ID, email address and complete mailing address within 72 hours of the Notification. Any potential prize winner who does not reply to the Notification with the required information and within the specified time period will be disqualified and an alternate winner may be notified. Prizes will be sent via mail within 45 days of winner being verified.
If a selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected. Only two (2) alternate winners per available Prize may be determined through this process, after which any remaining Prizes will remain un-awarded.
PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, Photo, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator,
Instagram, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted by the entrant or the Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the e-mail address or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Watsonville, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Watsonville, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Watsonville, California Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.montereymushrooms.com/grill-away-giveaway-rules or send a self-addressed, stamped envelope by September 18, 2018, to: The Monterey Mushrooms Grill Away Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 9/18/18), send a stamped, self-addressed envelope (no later than 10/18/18), to: The Monterey Mushrooms Grill Away Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Monterey Mushrooms, Inc., 260 Westgate Drive, Watsonville, California 95075.
Void outside the state of Texas and where prohibited by law.