Legal and Privacy
CAVENDISH FARMS APRIL FRY YAY CONTEST – USA
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO legal residentS of, and currently residing WITHin, the 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“d.c.”) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE. VOID WHERE PROHIBITED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.
1. SWEEPSTAKES PERIOD: Cavendish Farms “FRY-YAY” Sweepstakes (“Sweepstakes”) begins on April 26, 2019 at 12:00:01 p.m. Eastern Time (“ET”) and ends on Tuesday, April 30, 2019 at 11:59:59 a.m. ET (“Sweepstakes Period”). See Section 4 below for further entry details. The Sweepstakes is sponsored by Cavendish Farms Corporation (“Sponsor” or “Cavendish Farms”) and administered by Edelman Canada (“Administrator”).
2. ELIGIBILITY: The Sweepstakes is open to legal residents of and currently residing within, the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry or the age of majority in your state of residence if greater than 18. Employees, directors, and officers, of Cavendish Farms, Administrator, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, director, and officer, whether or not related, are not eligible to enter or partake in a prize. The Sweepstakes is void where prohibited. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
3. BINDING AGREEMENT. In order to participate in the Sweepstakes or to win any of the prizes, you (“you”, “your”, or “entrant”) must agree to these Official Rules (“Official Rules”). Because these Official Rules form a legally binding agreement with respect to the Sweepstakes, please read them carefully. If you do not agree to the Official Rules, you are not eligible to participate in the Sweepstakes or to win any of the prizes. You agree that your submission of an Entry (defined in Section 4 below) under the Sweepstakes constitutes your agreement to these Official Rules.
4. HOW TO ENTER: To enter the Sweepstakes, you must have a Facebook account. If you do not have a Facebook or Instagram account, you can sign up for free at www.facebook.com and www.instagram.com. To enter, access the “Fry-Yay” post on the Cavendish Farms Facebook Page (https://www.facebook.com/cavendishfarms/), by way of a Promotional Post on the Sponsor’s timeline that invites entry into the Sweepstakes (“Promotional Post”) and follow directions to reply to the Promotional Post. Directions will prompt you to comment on the Facebook post for a chance to win. During the Sweepstakes Period, there will be one (1) such Promotional Post of a photo album comprised of one (1) Fry-Yay image made by Sponsor at approximately 12:00:01 p.m. on the following date: 04/26/19. Limit one (1) entry per person/Facebook Account for each Promotional Post. To submit a valid entry an entrant must login into Facebook and enter during the Sweepstakes Period using the below method (the “Entry”):
1. Go to (https://www.facebook.com/cavendishfarms/),and follow directions to reply to the Promotional Post. Directions will prompt you to comment on the Facebook post for a chance to win.
2. Send an email to firstname.lastname@example.org with your name, home mailing address, email address, date of birth, and day/evening/cell phone number(s),and indicating which of the prize(s) entrant would like to enter to win. Limit 1 entry per email All requests become the exclusive property of Sponsor. None will be acknowledged or returned. Proof of sending or submission will not be deemed to be an entry. Neither the Sponsor nor the Administrator will be responsible for any lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will not be honored.
In order to be a valid method of entry, Sponsor must have received the Entry during the Sweepstakes Period. There is a limit of one (1) Entry per person/Instagram account. You may not enter multiple times using multiple Instagram accounts. Facebook and Instagram are unaffiliated third parties, and any use of Facebook or Instagram and/or any of their respective features are subject to their respective guidelines and terms of service, found at www.facebook.com/terms and https://help.instagram.com/581066165581870. Entries received from any person that exceed the stated limitation will be void. In the event of a dispute as to who submitted an entry, the name of the Instagram account holder or email address holder associated with the Instagram account or email account used to enter will be deemed to be the entrant and must comply with these Official Rules. Sponsor will not verify receipt of entries. Entries that are late, lost, undelivered, illegible, contain false information, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in these Official Rules will be void. Multiple entrants are not permitted to share the same Instagram account or email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. The database clock on the Sponsor’s Facebook page will be the official timekeeping device for the Sweepstakes. This Sweepstakes is not sponsored, endorsed or administered by, or associated with, Facebook Inc. (“Facebook”) or Instagram, Inc. (“Instagram”). Entrant is providing personal information to Sponsor. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook or Instagram.
5. ENTRY PERIOD/DRAWINGS/ODDS: one (1) drawing will be held on April 30, 2019 (04/30/19) at approximately 12:00:01 p.m. To be eligible for a drawing, an Entry must be received during the Sweepstakes Period in accordance with the corresponding dates and times mentioned above. One (1) prize winner will be selected in this random drawing by the Administrator from all eligible Entries. The odds of winning depend upon the number of eligible Entries received during the Sweepstakes Period. Sponsor reserves the right to authenticate all Entries submitted.
6. PRIZES: There will be a total of one (1) prize available to be won by random draw during the Sweepstakes Period. The approximate retail value of the prize is $50 US. The prize is described below:
10 free Cavendish Farms product coupons
All entrants must comply with these Official Rules in order to win. No other substitution, assignment or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value if a prize cannot be awarded as stated. All prize details are at the sole discretion of Sponsor. Prizes will be shipped or emailed to winners at the addresses provided within 6-8 weeks. Sponsor is not responsible for change of email or other mailing address or for any lost, late, incomplete, invalid, unintelligible, illegible, misdirected prize deliveries.
Winners may not seek a substitute or a transfer of prizes. Product coupon prizes may not be used for prior purchases or redeemed for cash. Product coupon prizes are subject to additional terms and conditions of Sponsor. Such additional terms and conditions may include a prohibition on the sale or transfer of the coupon, restricted usage and expiration dates, among other things.
7. WINNER NOTIFICATIONS/VERIFICATIONS: You are not a winner until Sponsor has verified your eligibility, and Sponsor determines that you have complied with all terms of these Official Rules. Potential winners will be notified by Sponsor or Sponsor’s agent by the Instagram messaging system or by email and will be required to respond to that message by submitting full name, complete mailing address, email address, phone number and date of birth within 72 hours of such notification. If a potential winner fails to respond within that time frame, the prize will be forfeited and awarded to an alternate winner. Subject to the remainder of these Official Rules, after the initial response described above and verification of the potential winner’s eligibility, the prize will be shipped or emailed within 6-8 weeks to the email or other mailing address provided. Sponsor is not responsible for any change of Facebook account, Instagram account, email, or other mailing address of entrants. Any unclaimed or undeliverable prize may not be awarded. If any prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
8. GENERAL: By participating, you (a) agree to abide and be bound by these Official Rules, the decisions of Sponsor and Administrator, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (“Applicable Law”); (b) consent to the use by Sponsor and its designees of your name, image, likeness, city and state of residence, and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless, Sponsor, Administrator, Facebook, Instagram, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes, and the acceptance, use, misuse or possession of a prize, or the violation of these Official Rules or any Applicable Law. Entrants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules or any Applicable Law; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Administrator, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE SWEEPSTAKES. All materials submitted become the property of Sponsor and will not be returned.
9. LIMITATION OF LIABILITY: Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of winners, and the arranging, awarding and use of a prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, INACCURATE, false, damaged, misdirected, UNREADABLE or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Sweepstakes; (iv) failure of the Sponsor’s Facebook OR INSTAGRAM page or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human or technical, errors, lost, delayed, UNREADABLE or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (v) any errors, omissions, incorrect or inaccurate information in any Sweepstakes-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Sweepstakes howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party, INCLUDING THIRD-PARTY computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize, INCLUDING A CHANGE IN A PRIZE; or (viii) electronic communications which are undeliverable as a result of (a) any form of active or passive filtering of any kind, (B) interruptions or failures of internet, NETWORK, or OTHER SUCH THIRD-PARTY service, or (c) interruptions or failures of facebook OR INSTAGRAM. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes (or portion thereof), or to amend the Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to terminate the Sweepstakes. In the event of termination, Sponsor may conduct the random drawings from among all eligible, non-suspect Sweepstakes entries received up to time of such action for this Sweepstakes. In the event of any such termination or suspension, a notice may be posted at https://www.facebook.com/cavendishfarms/. WITHOUT LIMITING THE FOREGOING, Entrant agrees that THE RELEASED PARTIES’ TOTAL liability for any and all claims, JUDGMENTS AND AWARDS against sponsor or administrator shall be limited to your actual out-of-pocket costs incurred BY YOU TO ENTER INTO THE Sweepstakes. under no circumstances will THE RELEASED PARTIES be liable for or will entrant be permitted to obtain awards for (A) any attorneys’ fees, punitive, INDIRECT, incidental, SPECIAL and consequential damages or any damages other than for actual out-of-pocket expenses INCURRED BY YOU TO ENTER INTO THE SWEEPSTAKES (BUT EXCLUDING ANY ATTORNEYS’ FEES), OR (B) any and all rights to have damages multiplied or otherwise increased. THIS SECTION 9 SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST SPONSOR ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY LIABILITY OF THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET COSTS INCURRED TO ENTER INTO THE SWEEPSTAKES (IF ANY), BUT IN NO EVENT WILL SPONSOR BE LIABLE FOR YOUR ATTORNEYS' FEES OR WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR OR WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK: (A) PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES INCURRED BY YOU TO ENTER INTO THE SWEEPSTAKES, AND/OR (B) ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. THIS SECTION 10 SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Massachusetts in the County of Middlesex.
Notwithstanding the foregoing, if you believe that a controversy or claim exists that arises out of or relates to these Official Rules or the Sweepstakes, you agree to provide us with a notification via email to email@example.com briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.
11. EQUITABLE RELIEF. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause Sponsor irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, Sponsor will be entitled to injunctive or equitable relief.
11. WINNERS LIST: For a list of winners send a self-addressed, stamped, business size (#10) envelope by May 29th, 2019 to: Edelman Canada, 150 Bloor St W., #300, Toronto, ON M5S 2X9.
12. SPONSOR: Cavendish Farms Corporation, 100 Midland Drive, Dieppe, NB, E1A 6X4
13. ADMINISTRATOR: Edelman Canada, 150 Bloor St W., #300, Toronto, ON M5S 2X9
14. NO SPONSORSHIP OR ENDORSEMENT; RELEASE. Neither Sponsor nor this Sweepstakes are sponsored or endorsed by The NPS LLC ,or any of their respective affiliates. You hereby release, discharge and hold harmless, The NPS LLC and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Sweepstakes, and the respective directors, officers, agents and employees of the foregoing from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes, and the acceptance, use, misuse or possession of a prize, including as set out in the Limitations of Liability section above.
15. RULES GOVERN. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Sweepstakes related materials, these Official Rules shall prevail, govern and control.
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