Taste of Victory
Terms and Conditions
For your chance to participate in “Taste of Victory” (the “Promotion”) simply access Twitter on your mobile device, and reply to @BlueDiamond’s call-to-action post to confirm your submission and include #TasteOfVictory.
You must have the Twitter app and account to enter the Promotion. If you do not have the Twitter app, you may download it for free through the application store on your device. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
All Promotion submissions and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By submitting your Submission, you warrant and represent that: (a) you are the sole and exclusive owner of the Submission; and (b) the Submission will not infringe on any rights of any third parties.
By providing a Submission, you grant to Blue Diamond Growers (“Sponsor”) a free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes without your review or approval.
Limit one Submission per person/Twitter account.
Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age. Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.
By posting a Submission, you agree that your Submission conforms to the following guidelines (collectively, the “Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission if it believes, in its sole discretion, that it fails to conform to the Guidelines.
- The Submission must be in a format compatible with Twitter.
- The Submission must be primarily in English.
User Representations and Warranties Regarding Content of Submission:
By posting a Submission, you represent and warrant that:
- The Submission does not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission does not disparage Sponsor or any other person or party;
- The Submission does not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission does not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission does not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
- The Submission is consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Promotion.
By posting a Submission, you fully and unconditionally agree to be bound by these terms and the decisions of the Sponsor, which will be final and binding in all matters relating hereto.
Sponsor, in its sole discretion, will chose the Submissions that will receive an XTREMES medal, created by an artist chosen by Sponsor. You will be notified by Sponsor on Twitter if you have been chosen to receive an XTREMES medal. Winners must respond to Sponsor, via Twitter, with requested delivery instructions.
BY PARTICIPATING, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, TWITTER AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE PROMOTION AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Participation in the Promotion constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE PROMOTION.