BLUE DIAMOND^® ALMOND BREEZE^® National Smoothie Day Giveaway

OFFICIAL RULES

1. Contest Period
   
   The BLUE DIAMOND^® ALMOND BREEZE^® National Smoothie Day Giveaway (the “Giveaway”) begins at approximately 8:00:00 a.m. Pacific Time (“PT”) on June 20, 2025 and ends at 11:59:59 p.m. ET on July 6, 2025 (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select up to three (3) winners of a prize from among all eligible entries received, as set forth in greater detail below.  Entry in the Giveaway does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Giveaway, each entrant agrees to abide by and be bound by these Official Rules and all decisions of Blue Diamond Growers 1802 C Street, Sacramento, CA 95811 (the “Sponsor”), which shall be final and binding, without right of appeal, in all matters relating to this Giveaway and the awarding of the prize(s), including without limitation eligibility and/or disqualification of entries.
   
2. Eligibility
   
   The Giveaway is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.
   
   Officers, directors, employees, agents and representatives of Sponsor, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising, and promotion agencies involved in the Giveaway (all such individuals and entities are collectively referred to herein as the “Promotion Entities“), and members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) are not eligible to enter the Giveaway or to win a prize.  A free Instagram account is required to enter the Giveaway. To sign up for Instagram, go to www.instagram.com.  Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp.  This Giveaway is not sponsored, endorsed, administered by, or affiliated with Instagram.
   
3. How to Enter
   
   At the beginning of the Promotion Period, Sponsor will publish a post on the Almond Breeze Instagram account (@AlmondBreeze) announcing the Giveaway and inviting entrants to enter the Giveaway (the “Giveaway Post”).  Eligible entrants may enter the Giveaway during the Promotion Period by taking the following actions: (i) posting a comment on the Giveaway Post that complies with the “Comment Guidelines” (each, a “Comment”); (ii) liking the Giveaway post; (iii) following the official Almond Breeze Instagram page (@Almond Breeze); (iv) following the official Vitamix Instagram page (@Vitamix); and (v) following the official KOS Protein Instagram page (@Kos). Upon completing the required steps, Entrants will receive one (1) entry into the Giveaway.  The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable.
   Limit one (1) entry per person during the Promotion Period.  All entries must be received by the end of the Promotion Period in order to participate.  The Sponsor’s database clock will be the official timekeeper for this Giveaway.  Except as otherwise contemplated in these Official Rules,and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Giveaway will be used in accordance with Sponsor’s privacy policy located at https://www.bluediamond.com/privacy/.  No substitutions or new versions of Submissions or Comments will be accepted once the original Submission or Comment is submitted for consideration.  Any Submission or Comment that is considered by Sponsor in its sole and absolute discretion to violate the Submission Guidelines or the Comment Guidelines, in whole or in part, may be disqualified and will not be eligible for entry. 
   
   Entry must be made by the entrant, only through the entry methods described above.  Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway.  Tampering with the entry process or the operation of the Giveaway, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Giveaway or by any technical or human error which may occur in posting Comments/Submissions, or processing of the entries in the Giveaway.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
   
4. Prizes
   
   Three (3) prizes are available in the Giveaway. Only one (1) prize can be won by each unique entrant. The prizes for this Giveaway are (a) one (1) Vita-mix Blender; (b) one (1) container of KOS Protein Powder; (c) four shelf stable cartons of Almond Breeze; and (d) twelve (12) coupons for one free carton of Almond Breeze (the “Prizes“). The approximate retail value of prize (a) is $379.95; the approximate retail value of prize (b) is $59.99; the approximate retail value of prize (c) is $11.96; and the approximately retail value of prize (d) is up to $60.00. Vita-Mix Blender provided by Vita-mix Corporation, and KOS Protein Powder provided by KOS Naturals LLC.
   
   The Prize is non-transferable, non-exchangeable, and cannot be redeemed for cash, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any Prize listed is unavailable, in whole or in part, for any reason. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor shall not be held responsible for any delays in awarding a prize(s) for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.
   
   The odds of winning depend on the number of eligible entries received during the Promotion Period.
   
5. Winner Selection
   
   At the end of the Promotion Period, the winners will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. Only one (1) unique entrant can win one (1) prize. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion.  A potential winner will be notified by direct message using the contact information given at the time of entry.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the Prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her Prize and an alternate winner may be selected.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable Prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable Prize after such attempts have been made, if any, the corresponding Prize may go unawarded.
   
6. Selected Entrant Verification and Prize Claim Conditions
   
   Prizes will be awarded only if the potential Prize winner fully complies with these Official Rules.  All portions of the Prize are non-assignable and non-transferable.  Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only.  Actual Prize may vary from the prize pictured. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the Prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any Prize listed is unavailable, in whole or in part, for any reason.  The Prize winner shall be solely responsible for all federal, state, provincial, and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize.  The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of Prize notification, the winner may be disqualified and an alternate winner may be selected. Sponsor will mail the prize to the verified winner at the address provided in the Prize Claim Documents and will cover all associated postage costs. Delivery will occur within six (6) to eight (8) weeks following Sponsor’s receipt of all properly executed Prize Claim Documents.
   
   Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
   
7. Right to Void / Terminate / Suspend / Modify
   
   Sponsor reserves the right to terminate, suspend or modify this Giveaway, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor may, in its sole discretion and void any suspect entries and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, to address the impairment and then resume the Giveaway, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
   
   Sponsor reserves the right at its sole discretion to disqualify any individual or entity who tampers or attempts to tamper with the entry process, the operation of the Giveaway, violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
   
8. Limitation of Liability and Releases
   
   Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the following exclusions may not apply to you. BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE PROMOTION ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE CONTEST, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER, BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE PROMOTION ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS GIVEAWAY, B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY, or C) ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MISUSE OF THE PRIZE.
   
9. Protection Of Personal Information and Publicity Release
   
   Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By accepting a prize, winner agrees to Sponsor’s use of his/her name, city/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor and its respective successors, assigns and licensees may conduct relating to the Giveaway in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, and hereby releases Sponsor and the Promotion Entities from any liability with respect thereto. For further information about Sponsor’s privacy practices, please see Sponsor’s Privacy Policy at: https://www.bluediamond.com/privacy/.
   
10. General Conditions
    
    Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA ACCOUNT ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
    
    In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder.
    
11. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
    
    represents and warrants as follows: (i) the Submission and/or the Comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission and/or the Comment meets the Comment or Submission Guidelines, as applicable, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Giveaway.
    
12. GOVERNING LAW/JURISDICTION
    
    ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
    
13. ARBITRATION PROVISION
    
    By participating in this Giveaway, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Sacramento, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Giveaway; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
    
14. Social Media Disclaimer
    
    The Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram. By entering, you completely release Instagram of all liability in connection with this Giveaway.