THE SUPERCRISPIOPALICIOUS CONTEST OFFICIAL RULES
By participating in The SuperCrispiOpalicious Contest (the “Contest”), or any component thereof, you unconditionally accept and agree to comply with, and abide by these Official Rules, and the decisions of FirstFruits Marketing of Washington (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects. Contest is subject to all applicable federal, state and local laws and regulations.
ELIGIBILITY: The Contest is open to legal residents of the 48 contiguous United States (excluding AK, HI, MD and ND), including the District of Columbia, who are age 13 or older at the time of entry. Void in Alaska, Hawaii, Maryland, North Dakota, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, 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.
TIMING: The Contest begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, February 21, 2018 and ends at 11:59:59 PM ET on Saturday, April 14, 2018 (the “Contest Period”) and consists of three (3) periods: Contest Entry Period, Judging & Finalist Determination Period and Public Voting Period as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Contest.
Contest Entry Period
February 21, 2018 @ 12:00:01 AM ET
March 25, 2018 @ 11:59:59 PM ET
Judging & Finalist Determination Period
March 26, 2018
March 29, 2018
Public Voting Period
Saturday, March 31, 2018 @ 12:00:01 AM ET
Sunday, April 15, 2018 @ 11:59:59 AM ET
HOW TO ENTER: The Contest Entry Period begins at 12:00:01 AM ET on Wednesday, February 21, 2018 and ends at 11:59:59 PM ET on Sunday, March 25, 2018. To enter the Contest:
- Create an original video, 30 to 60 seconds in length, of yourself performing an original song about Opal apples and why they are your favorite apple (the “Video”). Video must visually include an Opal apple at some point and include the following required words in the original song:
After the Video has been created, visit www.opalapples.com/contest (the “Contest Microsite”), follow the instructions to complete the contest entry form, upload your Video and submit (the “Entry”).
- Required Words to include in the Original Song:
- One of the following: Crispy, Crisp, Crunch or Crunchy.
All Entries must be received during the Entry Period. There is a limit of one (1) Entry per person regardless of the method of entry. Each Entry must include an original Video featuring the Entrant performing an original song about why Opal apples are his/her favorite apple, including the Required Words and visually showing an Opal apple, or be disqualified. Entries submitted with a Video that has already been submitted may 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.
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 at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide the Sponsors with proof that such party is the authorized account holder of the email address associated with the entry.
ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
- No other individuals may appear in the Video besides the entrant, without express permission. If Video features an entrant who is a minor under the age of majority in his/her state of residence, such entrant must obtain written permission from the his/her parent/legal guardian.
- Videos must conform to the format and size requirements and limitations of the Contest Microsite. The maximum file size is 140MB. Video must not exceed 60 seconds in length.
- Entry and Video cannot contain content that is irrelevant to the purpose of the Contest.
- Once a Video has been submitted, it cannot be modified or deleted by Entrant.
- No duplicate Videos or substantially similar Videos, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Video from the photographer and/or videographer.
- Entry Video cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Video cannot be violent or promote firearms/weapons.
- Entry and Video cannot promote alcohol, illegal drugs or tobacco.
- Entry and Video cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Video cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Video 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.
- Entry and Video 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.
- Entry and Video cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entry and Video cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Video cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Video 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.
- Videos cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant (or parent/legal guardian if Entrant is a minor or 18 years of age or older but still deemed a minor in his/her state of residence) understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Video, 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 Entry, which includes a Video.
By submitting an Entry, the Entrant (or parent/legal guardian if Entrant is a minor or 18 years of age or older but still deemed a minor in his/her state of residence) warrants and represents that: (a) Entry and Video do 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 has obtained written permission from any person, or if a minor, the minor’s legal guardian, who may appear in the Video; (c) Entrant owns all rights to the Video, including without limitation, copyrights, and has received prior written permission from a third party if any Video was videoed by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor, 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 Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
JUDGING & FINALIST DETERMINATION: The Judging & Finalist Determination Period will begin on March 26, 2018 and be completed on March 29, 2018. Alleligible Entries received during the Contest Entry Period will be judged by the Sponsor, who shall use the criteria set forth below:
- Creativity (40%)
- Originality (30%)
- Musicality (30%)
The three (3) Entries that receive the highest total score based on the judging criteria will each be deemed a Finalist (each, a “Finalist”) and continue on to the Public Voting Period. In the event of a tie, the tied Entry with the highest score in Criterion A, Creativity, will be deemed the potential Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Finalists from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Finalists. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
PUBLIC VOTING PERIOD: Starting at 12:00:01 AM ET on Saturday, March 31, 2018, the three (3) Finalists will be posted to the Contest Gallery on the Contest Microsite for public voting.
There is a limit of one (1) Vote per person per day during the Public Voting Period. All Votes must be received between 12:00:01 AM ET on Saturday, March 31, 2018 and 11:59:59 PM ET on Sunday, April 15, 2018.
Votes become sole property of Sponsor and none will be acknowledged or returned. Nothing in these Official Rules shall obligate Sponsor to publish or otherwise disclose any Vote submitted in connection with this Contest. Multiple Voters are not permitted to share the same email address.
Any attempt by a Finalist or any other person to gain Votes by promising a benefit to the Voter or any other person, including the use of sites such as Vote Exchange or other similar social media sites, may subject the Finalist and Voter to disqualification in the sole discretion of the Sponsor. Voters and/or Finalists who spam or create false accounts for the purpose of casting Votes (or otherwise undertake any act intended to manipulate or undermine the integrity of the Contest) may have their Finalist Entry and/or Votes disqualified. Decisions of the Sponsor are final relating to all aspects of the voting process and results. The Sponsor may disqualify any Finalist, Entry, Vote, Voter or related parties who violate or is suspected of violating any of the terms and conditions of the Contest or these Official Rules.
WINNER DETERMINATION: The Administrator will take into consideration the scores each Finalist received during the Judging & Finalist Determination Period and the number of votes each Finalist received during the Public Voting Period (the "Final Score") to determine the Prize winners.
Following the conclusion of the Public Voting Period, all Votes received for each Finalist will be counted. Each Finalist will receive points toward their Final Score based on the number of eligible Votes received as follows, which will compromise 40% of the Final Score:
- The Finalist who receives the highest number of Votes will receive 40 points toward their Final Score.
- The Finalist who receives the second-highest number of Votes will receive 20 points toward their Final Score.
- The Finalist who receives the least number of Votes will receive 5 points toward their Final Score.
Upon calculation of the above, the following weights will be assigned to the judging scores and the public voting totals to determine each Finalist’s Final Score:
- Musicality Judging Score – 30%
- Originality Judging Score – 30%
- Public Vote Total – 40%.
On the basis thereof:
- The Finalist who receives the highest Final Score will be declared the potential Grand Prize winner.
- The Finalist who receives the next highest Final Score will be declared the potential First Prize winner.
- The Finalist who receives the lowest Final Score will be declared the potential Runner-Up Prize winner.
In the event of a tie, the tied Entry with the highest Musicality Judging Score, will be deemed the potential winner. If an additional tie breaker is needed, the tie-breaking mechanism above will be used; however, instead of the highest Musicality Judging Score determining the potential winner from among the tied Finalists, the highest Originality Judging Score will determine the potential winner. In the event additional tiebreakers are needed, all tied Finalists will be re-judged by a separate panel of judges, with such results being used to determine each Finalist’s revised Final Score, using the following judging criteria:
- Creativity (40%)
- Originality (30%)
- Musicality (30%)
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize:There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip package for two (2) people, Grand Prize winner and one (1) guest, to New York, New York. Grand Prize trip package includes:
- Round-trip, coach-class air-transportation for Grand Prize winner and one (1) guest to New York, New York from a major airport within the 48 contiguous U.S. nearest the winner’s residence as determined by the Sponsor in its sole discretion;
- Four (4) days and three (3) nights, single-room/double occupancy hotel accommodations at The Kimberly Hotel (or similar);
- Two (2) tickets to a Broadway Show; and
- One (1) $1,200 Pre-Paid Gift Card to be used for miscellaneous expenses.
The ARV of Grand Prize: $5,680. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded. Trip must be taken by March 31, 2019 or prize will be forfeited in its entirety.
First Prize: There is one (1) First Prize available to be won. One (1) First Prize winner will receive $500. First Prize to be awarded in the form of a pre-paid gift card or check. The ARV of First Prize: $500.
Runner-Up Prize: There is one (1) Runner-Up Prize available to be won. One (1) Runner-Up Prize winner will receive $250. Runner-Up Prize to be awarded in the form of a pre-paid gift card or check. The ARV of Runner-Up Prize: $250.
The total ARV of all prizes to be awarded: $6,430.
PRIZE NOTIFICATION & ACCEPTANCE:
Grand Prize Notification & Verification: The potential Grand Prize winner will be notified on or about Wednesday, April 18, 2018 via email and/or phone, and will be required to sign and return, within five (5) days of notification, Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and the Finalist who received the next highest score will be deemed the potential Grand Prize Winner and will notified. If the potential Grand Prize winner is a minor in his/her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases and W-9 on minor’s behalf and accompany the winner as his/her travel companion on the Grand Prize trip.
First Prize and Runner-Up Prize Notification & Verification: The potential First Prize and Second-Prize winners will be notified on or about Wednesday, April 18, 2018 via email and/or phone, and will be required to sign and return, within five (5) days of notification, Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). Noncompliance will result in disqualification. If the potential First or Runner-Up Prize winner is otherwise eligible under these Official Rules, but, is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases and W-9 on minor’s behalf.
Prizes will be awarded within approximately 45 days after verification.
PRIZE CONDITIONS: 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.
All travel related expenses to the Grand Prize, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Grand Prize winner and travel companion must travel on same itinerary. Grand Prize winner and travel companion must have valid photo ID and any other required documentation prior to departure. Travel is subject to availability. Trip must be taken by March 31, 2019 or forfeited in its entirety.
Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to New York, New York such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Sponsor reserves the right to substitute round-trip ground transportation to/from the Grand Prize winner’s home in lieu of air transportation. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, Grand Prize winner and/or his/her travel companion are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize winner. Grand Prize winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport prior to travel. Grand Prize winner’s travel companion must be legal U.S. resident, 18 years or older, unless a child of the Grand Prize winner, and must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, travel companion’s parent or legal guardian must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable.
In the event a winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her travel companion home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Broadway Show tickets are not redeemable for cash and will not be replaced if lost or stolen. Tickets are subject to the issuing company’s complete terms and conditions. In the event that the scheduled Broadway Show does not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Sponsor, Sponsor's sole responsibility will be to award the remaining portion of the Grand Prize and no additional substitution or compensation will be provided.
Prepaid Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Prepaid Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, Video, original song, 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.
By accepting a prize, you further agree to release the Sponsor, Administrator and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants and Voters agree to these Official Rules and the decisions of the Released Parties from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Finalists and Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.
No confidential relationship is established by any Entrant or Voter and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant or Voter will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit an Entry or Vote on a given day may be received, only the first complete Entry or Vote received from a particular Entrant/Voter will be eligible; subsequent attempts by the same person to Enter or Vote, including entries and votes submitted with an alternate email address, will be disqualified. In the event of a dispute over the identity of an entrant or voter, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant or Voter from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant, voter or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or Vote materials/data that have been tampered with or altered, or mass entries/votes or entries/votes 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/votes; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission 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, voter’s or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, 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 Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry or Vote process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant or Voter at any time during the Contest Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, Voter or winner and void any Contest Entries, Votes or Voter Sweepstakes Entries of said person.
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 CONTEST, 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 Contest will be governed by and construed in accordance with the internal laws of the State of Washington, 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 CONTEST, 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 CONTEST, 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: ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
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 Yakima, Washingtonand 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 Contest 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 Yakima, Washington. 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 Yakima, Washington. 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 www.opalapples.com/contest or send a self-addressed, stamped envelope by April 18, 2018, to: The SuperCrispiOpalicious Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after April 18, 2018), send a stamped, self-addressed envelope (no later than May 18, 2018), to: The SuperCrispiOpalicious Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: FirstFruits Marketing of Washington, 1219 S 40th Ave, Yakima, WA 98908.
ADMINISTRATOR: US Sweepstakes & Fulfillment Co., 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.
Void in Alaska, Hawaii, Maryland, North Dakota, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.
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