Winberry Winter Promotion 2019
Snowboard Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. THERE IS NO CASH VALUE ON THE PRIZES. PARTICIPANTS MUST BE 21 OR OLDER TO ENTER.
- Eligibility: This Campaign is open only to those who sign up at https://winberryfarms.com/winter and who are 21 years of age or olderas of the date of entry. The Campaign is only open to legal residents of Oregon and California, and is void where prohibited by law. Employees ofWinberry Farms, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Winberry Farmsas final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online starting on February 25, 2019 at 12:00 am PSTand ending March 22, 2019, 11:59 pm PST. All online entries must be received by March 22, 2019, 11:59 pm PST.
- How to Enter: The Campaign must be entered by submitting an entry using the online form provided at https://winberryfarms.com/winter. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Winberry Farms. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Winberry Farms.
- Prizes: The six (6) Winners of the Campaign (the “Winners”) will each receive a snowboard valued at approximately $599 for $0.01. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined byWinberry Farms. No cash or other prize substitution shall be permitted except at Winberry Farms’discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winners. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winners is permitted. Acceptance of prize constitutes permission for Winberry Farms to use Winners’ names, likenesses, and entries for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winners Selection and Notification: Winners will be selected bya drawing via Random Picker under the supervision of Winberry Farms by or on April 5, 2019, 11:59 pm PST. Winners will be notified by email and social media (if applicable) within five (5) days following selection of Winners. Winberry Farmsshall have no liability for Winners’ failure to receive notices due to spam, junk e-mail or other security settings or for Winners’ provision of incorrect or otherwise non-functioning contact information. If Winners cannot be contacted, are ineligible, fail to claim the prize within 14 days from the time award notification was sent, or fail to timely return a completed and executed declaration and release as required, the prizes may be forfeited and alternate Winners selected. Receipt by Winners of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNERS (AT WINBERRY FARMS’ SOLE DISCRETION) WILL RESULT IN WINNERS’ DISQUALIFICATION AS WINNERS OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNERS WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (e.g., email, photo, video, text, etc.), You understand and agree that Winberry Farms, anyone acting on behalf of Winberry Farms, and Winberry Farms’ licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Winberry Farms. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmlessWinberry Farmsfrom and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Winberry Farms may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Winberry Farmsreserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Winberry Farms’ control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case,Winberry Farms may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Winberry Farms. Winberry Farms reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Winberry Farms has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Winberry Farms reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless Winberry Farmsand its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OFTHE UNITED STATES OF AMERICA, OREGON AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Oregon or California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winners’ names or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Winberry Farms – 189 W. 8th Ave. – Eugene, OR 97401 – USA. Requests must be received no later than March 22, 2019, 11:59 pm PST.
- Sponsor: The Sponsor of the Campaign is Winberry Farms – 189 W. 8th Ave. – Eugene, OR 97401 – USA.
- By adding your name to the Winberry Farms Drop List, You, the Contestant, have affirmatively reviewed, accepted and agreed to all of the Official Rules.