“SUNSET® Recipe Contest” (the “Promotion”) OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
A purchase will not improve chances of winning. Void where prohibited or restricted by law.
THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AND CANADA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these Official Rules may, at Sponsor’s discretion, result in disqualification. All decisions of the Judge regarding this Promotion is final and binding in all respects. Sponsor reserves the right to modify the Official Rules at any time during the Promotion Period for clarification purposes without materially affecting the terms and conditions of the Promotion.
(1) PROMOTION PERIOD. The Promotion begins February 26, 2021, at 11:00:00 AM ET and ends March 12, 2021, at 11:59:59 PM ET (“Promotion Period”).
(2) The Promotion is sponsored by Mastronardi Produce Limited, (the “Sponsor”).
(3) The Promotion is open only to natural persons (no computers or artificial intelligence entrants allowed), who are legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding Puerto Rico, all other U.S. territories. and Quebec) who are 18 years of age or older at the time of entry and have Internet access as of the beginning of the Promotion Period. Employees (and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children, and step siblings, and their respective spouses, regardless of where they reside) and members of the same household, whether or not related, of Sponsor, and each of its respective parents, affiliated companies, sponsors, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter, or win, the Promotion.
(4) HOW TO ENTER. To enter the Promotion, an entrant (“Entrant”) must visit https://woobox.com/fa2exm between February 26, 2021, at 4:00:00 PM ET, and March 8, 2021, at 11:59:59 ET (the “Submission Period”), and follow the instructions to complete and submit the entry form, including the submission of one (1) original recipe (the “Submission”). By making a Submission each Entrant agrees to be bound by these Official Rules.
You may only submit one (1) Submission per Entrant for this Promotion, and each Submission must be completely original to the Entrant making the Submission. Your Submission must also be completely received, uploaded, etc. by March 8, 2021, at 11:59:59 PM ET.
Subject to each Entrant’s compliance with all applicable laws, including any applicable anti-spam, anti-harassment, and online harassment laws, between March 9, 2021, at 12:00:01 AM ET, and March 12, 2021, at 11:59:59 PM ET (the “Voting Period”), each Entrant may solicit votes in support of the Entrant’s Submission from friends, family, and others by sharing a link to the Entrant’s Submission. Votes are limited to natural persons (so again, no computers or artificial intelligence voting), and to one (1) vote, per person, per day, per Submission. People can vote for different Submissions in the same day, but they cannot vote for the same Submission twice or more in a particular day. In the event the validity of a vote, or votes, is disputed, the decision of Sponsor as to the validity thereof shall be final.
Each Entrant represents and warrants that the Entrant’s Submission is the original work of the Entrant, that the Submission has not been copied from others, that the Submission was not generated by a computer or artificial intelligence, and that the Submission does not violate the rights of any other person or entity.
Each Entrant further represents and warrants that the Entrant’s Submission adheres to the fundamental spirit of the Promotion and does not contain any defamatory, obscene, or otherwise unlawful matter or depict anyone engaged in any illegal, immoral, or lewd act, any violent or pornographic material or contain any other inappropriate content (as determined solely by Sponsor).
(5) WINNER SELECTION AND NOTIFICATION. The three (3) Submissions that receive the most valid votes during the Voting Period shall be presented to Chef Roger Mooking, or such other alternative judge as may be designated by Sponsor (the “Judge”). The Judge will score each Submission based on the following criteria: quality (as determined solely by the Judge) (33%), originality (as determined solely by the Judge) (33%), and alignment with SUNSET® brand values (as determined solely by the Judge) (34%). The judging shall occur between March 13, 2021, 12:00:01 AM ET and March 27, 2021, at 11:59:59 PM ET (the “Judging Period”). The Submission with the highest overall score as determined by the Judge will be declared the potential winner. In the event of a tie, the entry with the higher score in the alignment with brand values criteria will prevail.
Any potential winner will be notified by mail, email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within two (2) calendar days from the date the Sponsor first tries to notify the potential winner; (iii) fails to return the Affidavit and Release as specified in Paragraph 10 of these Official Rules; (iv) refuses the Prize; (v) fails the skill-testing question (if required) and/or (vi) the Prize or prize notification is returned as undeliverable, then such potential winner forfeits all rights to win the Promotion or receive the Prize, and an alternate potential winner may be selected.
The Prize is subject to verification eligibility as determined by Sponsor in its sole discretion and compliance with these Official Rules. The number of eligible entries received at the close of the Submission Period, the number of total votes, the number of votes received by a Submission, and the content of a Submission as determined by the Judge, will determine the odds of winning the Prize. If a potential winner of the Prize is a Canadian resident, that potential winner will be required to correctly answer a time-limited mathematical and unaided skill-testing question to be administered by e-mail/phone to receive the Prize. The skill-testing question for Canada is, what is 25 x 20 + 35 – 10?
Upon contacting a potential winner and determining that the potential winner has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “Winner” of the Promotion.
(6) PRIZE DESCRIPTION. There will be up to one (1) Winner. The prizes are: (1) publication of the Submission, in part or in whole, on various websites and social media pages of Sponsor and/or affiliates of Sponsor, as determined solely by Sponsor: (2) a $500 gift card issued by the grocery store of the Winner’s choice, and (3) a supply of SUNSET® branded, or other, produce, as selected and determined solely by Sponsor, delivered to the address of the Winner as indicated in the Submission, or other mutually agreed upon address, for a period of twelve (12) months, (collectively, the “Prize”). [Approximate retail value $1000]. **ANY PRODUCT NAMES, INDIVIDUAL NAMES, TRADEMARKS AND REGISTERED TRADEMARKS INCLUDED ON OR DISPLAYED WITH THE PRIZE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY COMPANY, INDIVIDUAL, PRODUCT AND SERVICE NAMES USED IN THESE OFFICIAL RULES ARE FOR IDENTIFICATION PURPOSES ONLY. Sponsor’s decision will be final in case of any dispute concerning whether a grocery store selected by the Winner is, in fact, a grocery store. Also, if the grocery store selected by the Winner does not issue gift cards, Winner will be required to select a different grocery store. HE USE OF THESE NAMES, TRADEMARKS AND BAND REGISTERED TRADEMARKS.
(7) TAXES. All income, sales, use and other taxes (and the reporting thereof), imposed or due any jurisdiction as a result of the award of a Prize and any other fees or costs associated with the Prize are solely the Winner’s responsibility. It is the Winner’s responsibility to understand and abide by any federal, state, province, local, or foreign tax laws that may apply to receipt of the Prize. The Winner may be required to complete certain tax information reporting forms before or upon receipt of the Prize.
(8) OWNERSHIP AND LICENSE. All Submission materials, including the Recipe, become the sole and exclusive property of Sponsor, and will not be acknowledged or returned. Any copyright in any Submission, including the Recipe, shall remain the property of the Entrant, but entry into this Promotion constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission, including the recipe, and the Entrant’s name and/or likeness, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission, including the recipe associated with the Submission.
(9) NO PRIZE TRANSFER OR SUBSTITUTION. Neither the Prize, or any portion thereof, is transferable or redeemable for cash. No substitutions for the Prize are permitted, except by Sponsor, in which case a prize of equal or greater value will be substituted.
(10) CONSENT AND RELEASE. By entering the Promotion, each Entrant releases and discharges Sponsor, the Judge, the Promotion Entities, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of each Entrant, without further compensation, to use his/her name, likeness, biographical data, contact information and his/her Submission for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of the Prize constitutes a release by any Winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her Submission or any Prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity/copyright release; and (iv) if the Prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the Prize. Fully executed affidavits and releases must be received by Sponsor within two (2) days from the date that Sponsor first tries to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these Official Rules. By accepting the Prize, the Winner consents to and give Sponsor and any other party authorized by Sponsor the right to video and/or audio tape a Winner with the Prize or during the Prize activity and to use, adapt, publish, develop and/or edit the Winner’s name, address (city, state or province only), voice, likeness, photograph, image, biographical information and/or statements about the Promotion for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide, and on the world wide web without review, notification or approval, and without additional compensation, in perpetuity, except where prohibited by law. By entering, you agree to cooperate reasonably with any such background check. If the Prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the Winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified, and the Prize may be awarded to an alternate winner. If the potential winner is deemed to be a minor under the jurisdiction of his/her residence, the potential winner will be disqualified.
(12) (i) Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address, Instagram, or Facebook account associated with a Submission at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address, Instagram, or Facebook account by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (iv) The value(s) of the Prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the Prize that is not used.
(13) APPLICABLE LAWS AND JURISDICTION. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules without affecting the rest of the Terms. The remaining provisions of these Official Rules will continue to be valid and enforceable. By becoming an Entrant or otherwise completing the act of entering the Promotion, each Entrant agrees that the Promotion shall be governed by the laws of the Province of Ontario, Canada, excluding any conflict of laws rule or principle that might refer the governance or the construction of these Official Rules to the law of another jurisdiction. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed and constructed in accordance with the laws of Ontario. Each Entrant submits and consents to the sole and exclusive jurisdiction of the Provincial and Canadian Federal Courts located in the Province of Ontario, and Entrant and acknowledges and agrees that such courts constitute the exclusive and proper venues and convenient forums for the resolution of any actions by any Entrant with respect to any claims arising out of the Official Rules, or arising out of the Promotion.
(14) WINNER LIST. For a copy of the Winner List, send a stamped, self-addressed envelope to: SUNSET® Recipe Contest “Winner’s List”, c/o Mastronardi Produce Limited, 2100 Road 4 East, Kingsville, ON N9Y 2E5 CANADA. The Winner List will be available on or after March 28, 2021.