Free Berries for a year Sweepstakes
Wish Farms’ “Free Berries for a Year” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ELIGIBILITY: The Wish Farms’ “Free Berries for a Year” Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States (including the District of Columbia and active duty U.S. military personnel and their families stationed in U.S. military bases), who are at least 18 years of age and of the legal age of majority in their state or province at the time of entry (19 in Alabama and Nebraska). The following individuals are NOT eligible to enter or win a prize: employees, contractors, directors, and officers of Wish Farms, Inc. (“Sponsor”), its parent companies, subsidiaries and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
- SWEEPSTAKES PERIOD: Sweepstakes begins on February 27, 2020 at 12:00.01 a.m. Eastern Standard Time (“EST”) and ends on March 27, 2020 at 11:59.59 p.m. EST (the “Sweepstakes Period”). All entries must be received by March 27, 2020 at 11:59.59 p.m. EST. The Web Site server is the official clock for this Sweepstakes.
- HOW TO ENTER: There are two (2) ways to enter the sweepstakes:
(a) Download the Wish Farms App: Go to the Google Play Store or Apple App Store on your mobile device and download the new Wish Farms app during the Sweepstakes Period. The Wish Farms App is a free app. Standard message and data rates may apply. During the download process, you will be prompted to enter your first and last name, email address, zip code, and primary grocery store. Upon successful registration, you will receive one (1) entry into the Sweepstakes.
(b) Mail-In Entry (AMOE): To enter the Sweepstakes by mail, please print the following information on a 3”x5” card: the words “Wish Farms’ Free Berries for a Year Sweepstakes”, your first and last name, date of birth, address (no P.O. boxes accepted), city, state, zip code, telephone number, email address, and the words “I have read and accept the Official Rules.” Then mail the completed 3”x5” card in a stamped #10 business envelope to: Wish Farms, ATTN: Free Berries for a Year Sweepstakes – ENTRY, P.O. Box 1839, Plant City, FL 33563. AMOE entries must be post-marked on or by March 27, 2020. Upon receipt of AMOE, you will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person during the Sweepstakes Period, regardless of method of entry. The choice of entry method will not affect an entrant’s chances of winning. Sponsor is not responsible for lost, late, illegible, corrupted, or misdirected entries. Automated means of entry are prohibited and any use of automated devices will cause disqualification. In the event of a dispute as to who submitted an entry, the name of the “authorized account holder” associated with the email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times above the stated limit will be disqualified and forfeits any prize won, in Sponsor’s sole discretion. Proof of sending or submission is not proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
- RANDOM DRAWING AND ODDS OF WINNING: One (1) winner will be selected in a random drawing on or about March 31, 2020 from all eligible entries received. Odds of winning depend on the number of eligible entries received. The drawing will be conducted by the Sponsor or Sponsor’s representatives, whose decisions shall be final and binding in all matters relating to the Sweepstakes.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize will be awarded in total, consisting of the following: one (1) year supply of Wish Farm berries. A one-year supply of berries is defined as $20 worth of berries delivered each month for twelve (12) months. (Prize ARV: $240.)
Taxes on prize are the sole responsibility of the winner. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers terms and conditions, and winners agree to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prizes of the same approximate retail value. For prizes $600 or more in value in a calendar year, winner’s social security number or taxpayer i.d. will be required in order to issue a Form 1099-MISC showing prize ARV as income to winner. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees and other expenses incurred by accepting the prize, are the sole responsibility of the winner. Limit one (1) prize per person. Prizes will be fulfilled at monthly intervals for a twelve (12) month period.
- WINNER NOTIFICATION AND PRIZE CLAIM: Drawing will be conducted in accordance with the Official Rules by Sponsor, whose decisions on all matters related to the Sweepstakes are binding and final. The tentative winner will be notified on or about March 31, 2020 by one e-mail (and, in Sponsor’s sole discretion, one phone call) at the e-mail address (and possibly the phone number) provided, and the tentative winner will be required to respond within five (5) calendar days of the initial notification by email or the prize will be forfeited and an alternate winner will be chosen. Affidavit of eligibility, prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required and, if so, must be returned within the specified time or prize will be forfeited and alternate winner chosen. Winner will be notified by Sponsor prior to each monthly delivery.
- GENERAL CONDITIONS: This Sweepstakes is offered only in the United States and is governed by the laws of the United States applicable thereto. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to 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 reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize in a random drawing from amongst all eligible, non-suspect entries received prior to cancellation.
- LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Sweepstakes Parties resulting from user’s participation in, attempt to participate in the Sweepstakes, or download of any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Sweepstakes Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prize or these Official Rules, or any inaccurate or incorrect data contained on the Web Site or App. Use of Web Site or App is at user’s own risk and subject to terms and conditions of Web Site or App. Sponsor and the Sweepstakes Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the Web Site, or the download of any information from the Web Site. As a condition of entering, entrants agree to release and hold Sponsor and the Sweepstakes Parties harmless from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize.
- PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winner grants permission for Sponsor and those acting under its authority to use his/her name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Florida, U.S.A., as applicable, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida.
- WINNERS’ LIST: For a copy of the winners’ list, send a self-addressed, stamped envelope, for receipt to: Wish Farms’ “Free Berries for a Year” Sweepstakes – Winners’ List Request, P.O. Box 1839, Plant City, FL 33563. Residents of Vermont may omit return postage.
- SPONSOR: Wish Farms, 100 Stearn Avenue, Plant City, FL 33563.