Del Monte Fresh Produce – “Best Smoothie Ever” Sweepstakes – OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Open to legal residents of the 50 United States and the District of Columbia and Canada who are 18 years of age or older to enter, or the age of majority in their province of residence. Sweepstakes begins on March 10, 2008 at 12:00:01 a.m. CST and ends on April 14, 2008 at 11:59: 59 p.m. CST. TO ENTER ONLINE: visit the entry page at: www.fruits.com and complete the online form. All electronic entries must be received no later than 11:59:59 p.m. CST April 14, 2008. Sponsor’s computer will be official clock of the Sweepstakes. Limit one (1) entry per household and/or e-mail address. TO ENTER VIA MAIL: Send a standard size postcard with your e-mail address, first name, last name, date of birth, mailing address, city, state/province, zip/postal code and both home and work telephone numbers (including area codes) and mail postage paid to: “Del Monte Fresh “Best Smoothie Ever” Sweepstakes- Encircle Marketing,” 1999 Bryan Street, Floor 29, Dallas, Texas 75201-3129. All mailed entries must be post-marked by April 14, 2008 and received by April 18, 2008. Limit one (1) entry per household. Limit one entry per outer postmarked envelope. All entries become the property of Del Monte Fresh Produce N.A., Inc. and will not be returned. All other attempts are void. No responsibility is assumed for lost, late, mutilated, misdirected, illegible, incomplete or postage due mail or entries for any reason. No mechanical reproductions of entries allowed.
2. Winner Selection: A random drawing will be held on or around April 28, 2008 at 12:00 noon CST in Dallas, TX. Judges decisions are final and binding. Upon notification, if a Canadian resident, the selected entrant must, unaided, correctly answer a time-limited mathematical skill-testing question. In the event that the selected entrant is unable to correctly answer the skill-testing question, the Sponsor shall have the right to randomly draw another eligible entrant, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. Potential Grand Prize winners will be notified by mail and will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (where permitted) within 14 days. Grand Prizes won by persons who are eligible minors in their state of residence will be awarded in eligible minor’s name to an authorized parent/legal guardian, who must sign all required documents. Allow 4-6 weeks from drawing date for shipment of First –Fifth Prizes. Noncompliance within specified time period or return of any prize or prize notification as undeliverable may result in forfeiture of prize. All income taxes on prizes are winners’ responsibility. Canadian residents may be subject to withholding taxes and Canadian residents are responsible for the reporting and payment of any income tax.
Prizes: Odds of winning depend upon the number of eligible entries received. Limit one prize per household. One (1) Grand Prize of a Die-Cast Juice Fountain Elite, Blender and Stick Blender (ARV- $597 USD/568.61 CAD.); Five (5) First Prizes of a Die-Cast Juice Fountain Elite (ARV $299/284.76 CAD each); Ten (10) Second Prizes of a Blender (ARV- $199 USD/189.54 CAD each); Fifteen (15) Third Prizes of a Stick Blender (ARV-$99 USD/94.32 CAD each); Twenty (20) Fourth Prizes of a Year’s Supply of Del Monte Fresh Bananas (ARV - $24 per person USD/$23.37 CAD); Twenty Five (25) Fifth Prizes of a Pineapple Slicer (ARV - $9.99 USD/$9.72 CAD each). Total ARV of all Prizes is $6,296.75 USD/ 5,999.54 CAD). Odds of winning depend upon the number of eligible entries received. Limit one prize per household.
3. Prize Restrictions: No cash redemptions. No transfer of prize permitted. No substitutions, except by Sponsor in its sole discretion for a prize of equal or greater value.
4. Eligibility: Game open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and legal residents of Canada who are of the age of majority in their province of residence. Game not open to employees of Del Monte Fresh Produce N.A., Inc. and Breville, their respective retailers, sales representatives, subsidiaries, distributors, promotion or media partners, printer(s) of game materials, game material suppliers, and other coordinating agencies involved in this promotion, including but not limited to Encircle Marketing, and their immediate families (spouses and parents, children, and siblings and their respective spouses) or those persons living in the same households of any of the entities named above. Void where prohibited by law.
5. Data Collection: Sponsor will be collecting personal data about participants when they enter the Sweepstakes. Personal data includes: name, address, e-mail address, home and work phone numbers. Please review Sponsor’s privacy policy at freshdelmonte.com/privacy. By participating in this Sweepstakes, entrants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy. When entering the Sweepstakes you will be asked whether or not you wish to opt in to receive e-mail and/or direct mail from Del Monte Fresh Produce, and/or its related companies and partners. If you choose to opt in, you may opt out of the Del Monte Fresh Produce e-mail list or any partner’s e-mail list at any time by following the opt out instructions on any such e-mails.
6. Limitation of Liability: Del Monte Fresh Produce and the judging organization are not responsible for printing or typographical errors in any Sweepstakes-related material. Del Monte Fresh Produce assumes no responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on the web site, hardware or software, equipment failure or malfunction, or other on-line communications problems. Del Monte Fresh Produce reserves the right to cancel, suspend or modify the Sweepstakes if fraud or technical failures compromise the integrity of the Sweepstakes as determined by Del Monte Fresh Produce at its sole discretion. By participating in this Sweepstakes and accepting a prize, winner agrees that Del Monte Fresh Produce, Encircle Marketing, subsidiaries, affiliates, agents, media partners and promotion agencies shall not be liable for any loss, damages, rights, claims, and actions of any kind in connection with the Sweepstakes or resulting from the winner’s Sweepstakes participation, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation. Del Monte Fresh Produce reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized subscriber of said e-mail account at the time of entry will be considered the entrant. “Authorized account subscriber” is defined as the primary person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
7. Arbitration/Choice of Law: Entrants agree that (a): any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Encircle Marketing, and Sponsor in connection with this sweepstakes shall be governed by the laws of the State of Florida, without regard for conflict of laws principles, and all proceedings shall take place in the federal, state or local courts in and for Miami-Dade County, Florida.
8. Rules Request and Winners List: For a copy of the Official Rules or the name of winners, send a self-addressed, stamped envelope to: Del Monte Fresh “Best Smoothie Ever” Sweepstakes Rules and Winner Requests – Encircle Marketing, 1999 Bryan Street, Floor 29, Dallas, TX 75201-3129. Requests must be postmarked by September 6, 2007. Canadian residents may omit postage for rules requests.
9. Sponsor: Del Monte Fresh Produce N.A., Inc.241 Sevilla Avenue, Coral Gables, FL 33134. Administrator: Encircle Marketing, 1999 Bryan Street, Dallas, Texas 75201.
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