Idaho® Spuds™ Home for the Holidays Promotion Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.
The Promotion is in no way sponsored, endorsed administered by, or associated with Facebook, Pinterest, or Twitter. Any questions, comments or complaints regarding the Promotion shall be directed to Sponsor and not to Facebook, Pinterest, or Twitter.
ELIGIBILITY: The Idaho® Spuds™ Home for the Holidays Promotion (the “Promotion”), brought to you by Basic American Foods (the “Sponsor”), is governed by these Official Rules. The Promotion is open only to legal residents of the 50 United States and the District of Columbia (“D.C.”), who are eighteen (18) years of age or older. Employees of Sponsor, and its parent, subsidiaries and affiliated companies, and the advertising and promotion agencies involved with this Promotion (and the immediate family members of such employees [spouse, parent, child, sibling and their respective spouses] and individuals residing in the same household as such employees) are not eligible to enter or win. Void where prohibited.
PROMOTION PERIOD: The Promotion begins on October 1, 2016 at 12:00:00 a.m. Pacific Standard Time (“PST”) and ends on November 20, 2016 at 11:59:59 p.m. Pacific Standard Time (“PST”) (the “Promotion Period”). The Website server’s clock is the official clock for this Promotion.
The Promotion period is also divided into Weekly Entry Periods as follows:
|Weekly Entry Period
||Start Date (each at 12:00:00 a.m. PDT)
||End Date (each at 11:59:59 p.m. PDT)
||Weekly Drawing Date (on or about)
||October 1, 2016
||October 11, 2016
||October 9, 2016
||October 15, 2016
||October 18, 2016
||October 16, 2016
||October 22, 2016
||October 25, 2016
||October 23, 2016
||October 29, 2016
||November 1, 2016
||October 30, 2016
||November 5, 2016
||November 8, 2016
||November 6, 2016
||November 12, 2016
||November 15, 2016
||November 13, 2016
||November 20, 2016
||November 22, 2016
HOW TO ENTER: To enter the Promotion you must visit the the Home for the Holidays Promotion page on the Sponsor’s website (www.idahospuds.com/promotions) and then follow the on-page instructions to submit a link to one of your pins on Pinterest depicting your favorite recipe to take home for the holidays. Upon successfully submitting the form on this page, you are considered entered into the contest. Upon successful entry, you will be given the opportunity for one additional entry into the contest clicking a ‘Share Now’ button and tweeting about your entry into the promotion. Entries will be considered submitted into the corresponding Weekly Entry Period. Non-winning entries will roll into subsequent Weekly Entry Periods.
ENTRY GUIDELINES: By submitting an entry in the Promotion, you hereby warrant and represent that your entry conforms to these Entry Requirements. All entries must be in English, and must comply with the following:
a. Entry must comply with these Official Rules and any Terms of Service on the Website;
b. Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
c. Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
d. Entry cannot be obscene or offensive, or endorse any form of hate or hate group;
e. Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
f. Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
g. Entry cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
h. Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission
i. Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
j. Entry cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the entry in any way, in any and all media, without limitation, and without consideration to the entrant.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry Requirements set forth herein in its reasonable discretion. By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Total ARV of all prizes: $4340
Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated ARV and actual value of Grand Prize will not be awarded. All Grand Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restriction and blackout dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of Grand Prize winner and guest. Trip must be completed during the twelve (12) month period of December 1, 2016 and November 30, 2017. Once dates have been selected by Grand Prize winner, all travel must be taken on dates specified by Sponsor or prize will be forfeited and may be awarded to an alternate; no alternative travel dates or rescheduling will be permitted once dates have been selected and confirmed. Exact travel dates and arrangements subject to availability. Grand Prize winner and travel guest must travel on same itinerary. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. Travel guests must be eighteen (18) years of age or older. A minor who is eligible (i.e., at least 18) in his/her state of residence may accompany Grand Prize winner as travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay, and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner’s proximity to the destination city, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner. 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 Grand Prize-related services or accommodations. Additional prize award details and travel information to be provided to the Grand Prize winner at the time of notification. Grand Prize winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
Limit one (1) prize per person/household. Each winner must accept prize as specified by Sponsor or prize may be forfeited. Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute prize with one of equal or greater value if an advertised prize, or any portion thereof, becomes unavailable for any reason. Each winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any merchandise prize item, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with the prize are the sole responsibility of the winners regardless of whether the prize, in whole or in part, is used. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. Grand Prize winner will be issued an IRS 1099 form for prize value. Grand Prize winner will be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes.
PROMOTION WINNER SELECTION, ODDS AND NOTIFICATION: Thirty five (35) weekly winners will be selected in a random drawing by an independent judging organization from among all eligible entries received during each Weekly Entry Period on or about the Weekly Drawing Dates noted above. One (1) Grand Prize winner will be selected in a random drawing by an independent judging organization from among all eligible entries received during the entire Promotion Period on or about November 22, 2016. Odds of winning a Weekly Prize depend on the number of eligible entries received during the corresponding Weekly Entry Period, and each subsequent Weekly Entry Period. Non-winning entries will roll into subsequent Weekly Entry Periods. Odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period. Potential winners will be notified via email on or about November 22, 2016. Potential winners are subject to verification, including verification of age, and may be required to demonstrate ownership over the Email account used to enter. Each winner (and his/her parent or legal guardian if winner is an eligible minor) will be required to execute and return an affidavit of eligibility and liability release, and except where prohibited by law, a publicity release within four (4) days of date printed on prize notification letter or prize will be forfeited. If a potential winner is found not to be eligible for any reason, or if prize notification or prize is returned as undeliverable, the potential winner may be disqualified and prize may be forfeited, in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, phone number, mailing address, or other contact information of entrants. Unclaimed prizes will not be awarded.
CONDITIONS OF PARTICIPATION: By entering this Promotion, entrants (and each entrant’s parent or legal guardian if entrant is an eligible minor) agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, Facebook Inc., Twitter, Inc., Pinterest Inc., and Sponsor’s advertising agencies, digital agencies, promotion agencies and each of their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion; and (b) except where legally prohibited, each winner (or if winner is a minor, winner’s parent/legal guardian) grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Promotion. Sponsor assumes no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or entries, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Promotion. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned or, in the sole opinion of the Sponsor, circumstances corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion, and randomly determine winners from among all eligible non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process.
BINDING ARBITRATION:Any controversy or claim arising out of or relating to this Promotion 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 by the American Arbitration Association (AAA) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall apply California 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 the AAA, 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. 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
GOVERNING LAW AND JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
WINNERS’ LIST: For the names of the winners, send a self-addressed, first-class stamped envelope to: Basic American Foods, Idaho® Spuds™ Home for the Holidays, 2185 N. California Blvd., Suite 215, Walnut Creek, CA 94596. Requests must be received by December 31, 2016.
SPONSOR: Basic American Foods, 2185 N. California Blvd., Ste. 215 Walnut Creek, CA 94596.
© 2016 Basic American Foods. Idaho® is a Certification Mark of Idaho Potato Commission.