Blue Diamond/Almond Breeze NFT SweepstakesOfficial Rules
1. No Purchase Necessary: NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCE OF WINNING.
2. How to Enter: In order to enter the Blue Diamond/Almond Breeze NFT Sweepstakes (the “Sweepstakes”), the entrant must do following within the Sweepstakes Period (defined below):
A) Claim one of the specialized Almond Breeze NFTs on almondbreeze.apefuel.io.
The Sweepstakes begins on March 15, 2022 at 1:00 p.m. PST and ends once all of the NFTs have been claimed (“Sweepstakes Period”). Announcement will be made on social media once all NFTs have been claimed. Submissions submitted before the Sweepstakes Period begins or after the Sweepstakes Period ends will be disqualified.
Early access to receive an NFT will begin at 1:00 PM United States Pacific Time (“PT”) on March 15, 2022, and will end at 12:59 PM PT on March 16, 2022 (the “Early Access Period”). Early access will only be available to individuals who have signed up for the waitlist on the Promotional Site prior to the Early Access Period, who will be able to claim their NFTs by visiting the Promotional Site during the Early Access Period and providing the requested information. NFTs will be given away on a “first come, first serve” basis, and signing up for the waitlist is not a guarantee that you will receive an NFT. There will be no limit on the total number of NFTs, out of the 1,000 total, that will be given away during the Early Access Period, and Issuer therefore makes no guarantee that any NFTs will be available to the general public following the conclusion of the Early Access Period.
All NFTs (if any) that remain after the conclusion of the Early Access Period will be available to the general public to claim beginning at 1:00 PM PT on March 16, 2022.
There is a limit of one (1) entry per wallet during the Sweepstakes Period. Entries generated by script, macro or other automated means or by any means which subvert the entry process, or which otherwise are not as provided in these Official Rules, are void. Entries in excess of the stated limitation will be void. All entries and additional entries become the sole property of the Sponsor and will not be returned.
3. Eligibility: The Sweepstakes is open to permanent legal residents of one of the fifty (50) United States or the District of Columbia who are of the legal age of majority in their state of residence or the District of Columbia at the time of entry, except for employees, officers and directors of: (a) Blue Diamond Growers (“Sponsor”) and its parents, subsidiaries, and affiliated companies; and (b) its advertising, promotion or production agencies, if any (the entities listed in sections (a) and (b) of this Section 3, collectively, the “Promotion Parties”); and (c) members of the immediate family of, or persons living in the same household as, the persons specified in (a) and (b). The Sweepstakes is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law.
4. Winner Selection; Limitation of Liability. Three (3) potential winners will be chosen from among the eligible entries via a random computerized drawing on or about March 23, 2022. Odds of winning depend on the number of entries received. Potential winners will be announced via email. Potential winners must provide a valid mailing address for a prize to be mailed via first class U.S. Mail.
If a potential winner does not provide a valid mailing address within a reasonable time period following the announcement described above (but no later than 11:59 p.m. PST on March 30, 2022), or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize designated for such potential winner may be forfeited.
By entering this Sweepstakes, entrants waive all right to, and hold harmless the Promotion Parties from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with, directly or indirectly, their participation in this Sweepstakes or the acceptance, use, or misuse of any prize. Each winner shall bear all risk of loss or damage to the winner’s prize after it has been delivered. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner's name, likeness, and biographical information for advertising, publicity, and promotional purposes in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without further compensation or right of approval, unless prohibited by law. This includes, but is not limited to, with respect to potential winners who use the alternative method of entry, Sponsor identifying the potential winner’s name on Facebook as a potential or actual winner of this Sweepstakes.
Promotion Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete, incorrect, or postage due entries; lost, late, or misdirected prize notices; interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network, irrespective of the case therefor, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; or any typographical, or other error in the printing of the offer, administration of the Sweepstakes, or announcement of the winners or the prizes. In the event of any such error, Sponsor reserves the right to cancel or modify this Sweepstakes in a manner deemed appropriate by the Sponsor, in the Sponsor’s sole discretion. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate the Sweepstakes, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
The Promotion Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of the website on which these Official Rules are posted. In case of dispute, the authorized account subscriber of the account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant, and must comply with these Official Rules.
Prize: Fifty-two (52) Almond Breeze free carton coupons, (total estimated retail value: $156.00)
Three (3) prizes will be awarded. Each winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.
No substitutions for prizes. Prizes are non-refundable and non-transferable except at sole discretion of Sponsor. Sponsor reserve the right to a substitute prize of equal or greater value. All prizes will be awarded.
6. Privacy: Any personally identifiable entrant information collected by any Promotion Party during the Sweepstakes will be used by Sponsor for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules or as otherwise permitted and in accordance with Sponsor’s Privacy Notice, available at https://www.bluediamond.com/privacy. Sponsor will disclose the names of potential winners (and any other limited information required) to enable the non-Sponsor Promotion Parties to verify that the potential winners are not employees, officers and directors of such Promotion Parties, or members of the immediate family of, or persons living in the same household as, such individuals.
When entering the Sweepstakes, an entrant may be asked to consent to receive promotional emails, mailings and other information about Sponsor, its products, and/or its partners. Consenting to receive such emails, mailings and information is optional, and is not necessary to enter the Sweepstakes or win a prize, nor will it increase or improve the entrant’s chances of winning. As indicated above, all information/data collected online is subject to Sponsor’s Privacy Notice.
7. Choice of Law and Forum; Disputes: Entrants agree that any and all matters arising out of or relating to this Sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of California, without giving effect to any conflict of law provisions thereof. Any and all matters arising out of or relating to this Sweepstakes and these Official Rules shall be resolved individually, without resort to any form of class action, solely and exclusively in a federal or state court located in California or Sacramento, California. Entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any matter and irrevocably waives any and all rights to object, challenge, dismiss or transfer such action based on inconvenience of forum or any other reason.
8. Sponsor: This Sweepstakes is sponsored by Blue Diamond Growers, with headquarters located at 1802 C Street, Sacramento, CA 95811.
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