Blue Diamond Super Flavor Sweepstakes Official Rules
No Purchase Necessary to Enter or Win The Sweepstakes. A Purchase or Payment Will Not Increase an Entrant’s Chances of Winning. Void Where Prohibited Or Restricted By Law.
SWEEPSTAKES PERIOD: The Blue Diamond Super Flavor Sweepstakes (the “Sweepstakes”) begins on March 26, 2021 at 12:00:00 AM Eastern Time (“ET”) and ends on May 28, 2021 at 11:59:59 PM ET (the “Sweepstakes Period”).
The Sweepstakes involves an Instant Win promotion and a Grand Prize drawing. When you enter the Instant Win promotion you automatically receive an entry into the Grand Prize drawing. Limit one entry into the Instant Win promotion and Grand Prize drawing per person per twenty-four-hour period. For purposes of this limit, each twenty-four-hour period begins at the time of your entry and ends twenty-four hours later. For example, if you enter the Instant Win promotion at 9:00 a.m. ET on 3/27, you would not be able to enter the Instant Win promotion again until 9:01 a.m. ET on 3/28. No purchase is necessary to enter or win the Sweepstakes. Winners of an Instant Win Prize remain eligible to win a Grand Prize but may only win one Instant Win Prize.
SPONSOR AND ADMINISTRATOR: The Sweepstakes is sponsored by BLUE DIAMOND GROWERS, 1802 C Street, Sacramento, CA 95811 (“Sponsor”) and is administered by INMAR BRAND SOLUTIONS, INC., 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758 (“Administrator”).
ELIGIBILITY: The Sweepstakes is open only to those participants who are: (i) legal residents of the fifty (50) United States or the District of Columbia, and (ii) who are at least 18 years old. Employees of Sponsor, Administrator, and/or any of their parent and affiliate companies (collectively, “Sweepstakes Entities”) as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities are not eligible to enter. The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law.
- HOW TO ENTER: To participate in the Sweepstakes, visit https://bluediamond.com/superflavorsweeps (the “Website”), fill out the entry form by providing your name, mailing address, valid email address, phone number, and favorite flavor of Blue Diamond Almond Bold, check the box to confirm that you have read and agreed to these Rules, then submit your Entry. Use your mouse or finger to “scratch” the image on your screen to see if you have won an Instant Win prize. Either way, you will receive one entry into the Grand Prize drawing. Limit one entry per 24-hour period.
All Entrants must have a valid email address. Multiple Entrants may not share an email address, and an Entrant may not enter using multiple email addresses. In the event of a dispute regarding the identity of an Entrant, the Entry will be deemed made by the natural person to whom the email address used to submit the Entry is assigned by the applicable internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
WINNERS, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
One hundred fifty (150) Instant Win prizes will be awarded: There will be 150 random computer-generated winning times during the Sweepstakes Period. If you are the first eligible participant to submit your entry at or after one of the randomly-generated times, you will be an Instant Winner. If you are an Instant Winner, you will see a notification on your screen once you “scratch” the image to reveal the message. Each Instant Win prize consists of a Blue Diamond Almond Bold Prize Pack containing one (1) 6oz can each of Wasabi and Soy Sauce, Habanero BBQ, and Honey Roasted Blue Diamond Almonds. The ARV for each Instant Win Prize is $10.14. The total ARV for all Instant Win Prizes is $1521.00.
One (1) Grand Prize will be awarded: On or about June 4, 2021, one (1) Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. The ARV for the Grand Prize is $3,000 and consists of check made payable to the winner in the amount of $3,000.00.
Total ARV of all Prizes is $4,521.00. The odds of winning the Grand Prize depend upon the number of eligible Entries received into the Grand Prize drawing. The odds of winning an Instant Win prize depend on whether or not your entry time corresponds to one of the randomly pre-assigned winning times. Limit one (1) Instant Win Prize and one (1) Grand Prize per person.
All prizes will be awarded provided that there are a sufficient number of Entrants. Receipt of prize is contingent upon compliance with these Official Rules. All prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
- HOW TO CLAIM A PRIZE: Instant win prizes will be shipped to the mailing address provided in the winning entry within eight to twelve weeks following the close of the Sweepstakes. The potential Grand Prize winner will be notified via e-mail by Administrator as SoFabSweeps via DocuSign email@example.com within three business days of the drawing to the email address provided when entering the Sweepstakes. Because the Grand Prize is over $600 in this Sweepstakes, potential winner will need to provide his/her social security number in order to receive an IRS Form 1099. Grand Prize winners must sign and submit electronically the signed Declaration form, an IRS W-9 form, and a copy or photo of their state-issued ID via DocuSign within three days from the date the Declaration is sent in order to claim the prize.
In the event that any e-mail notification is returned as undeliverable, or if the required documentation is not received electronically within the designated time frame, or if the potential Grand Prize winner does not comply with these Official Rules or is otherwise determined to be ineligible, his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited and an alternative prize winner selected in a random drawing from among remaining eligible entries, except that Sponsor reserves the right not to award the Grand Prize if it is unable to confirm a winner after three attempts. Returned prizes will not be awarded.
Grand Prize check will be shipped to the winner at the mailing address provided in the confirmation documents within 8-12 weeks after confirmation.
All federal, state and local taxes on a prize will be the responsibility of the winner. Grand Prize winner will receive an IRS Form 1099 in the amount of $3000 (or $3010.14 if the Grand Prize winner also won an Instant Win prize in the Sweepstakes) at the appropriate time.
- ELIMINATION: Any false information provided within the context of the Sweepstakes by any participant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Sweepstakes. Any participants suspected of or found by Sponsor to be compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
INTERNET: Sweepstakes Entities and their respective employees, officers, directors, representatives, agents, and their respective parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for late, lost, delayed, damaged, misdirected or incomplete entries, notifications, mail, e-mail or other communications; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; or other errors in transmission. If a participant uses a mobile device to enter the Sweepstakes, standard data charges may apply from the carrier. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select winners from among all eligible, non-suspect Entries received as of the date/time such action was taken.
PUBLICITY RIGHTS: By participating in the Sweepstakes, you grant to Sponsor and its designees the right, without obligation, to use your name, likeness, city and state of residence, and any comments you may make about this Sweepstakes or any prizes awarded, without compensation, on a winners list and for advertising and publicity purposes in any manner or medium, including but not limited to internet, social media, print and others, throughout the world, in perpetuity, unless prohibited by law.
LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, participants agree to release and hold harmless Sweepstakes Entities, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries or communications. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, platform malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer or mobile device concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes or DocuSign platform. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; pandemic; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF NORTH CAROLINA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
GENERAL: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media if applicable), the details of the Sweepstakes as set forth in these Official Rules shall prevail and govern.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By participating in the Sweepstakes, you agree that your entry is gratuitous, unsolicited and without restriction, and will not place the Sweepstakes Entities under any obligations other than those contained in these Official Rules, and that Sweepstakes Entities are free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sweepstakes Entities, or developed by their respective employees, or obtained from sources other than you. By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sweepstakes Entities any of the rights set out in these Official Rules. You further acknowledge that Sweepstakes Entities are not obligated to make use of any of the rights granted in these Official Rules.
- WINNERS’ LIST: For the name of the Grand Prize winner, send a self-addressed, stamped envelope to Blue Diamond Super Flavor Sweepstakes Winner List, c/o INMAR BRAND SOLUTIONS, INC., 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than June 30, 2021.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved.