NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE AN ENTRANT'S CHANCES OF WINNING.
THE FOLLOWING SWEEPSTAKES IS ONLY VALID IN THE 50 UNITED STATES, DISTRICT OF COLUMBIA (D.C.), AND CANADA (EXCLUDING PUERTO RICO AND QUEBEC) AND IS ONLY OPEN TO LEGAL RESIDENTS AGE 18 YEARS OR OLDER AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED.
The Kettle Brand® Baked Potato Chips "Real Solutions 2011 Sweepstakes" (the "Sweepstakes") is sponsored and administered by Diamond Foods, Inc., 600 Montgomery Street, 17th Floor, San Francisco, CA 94111 ("Sponsor").
SWEEPSTAKES PERIOD: The "Sweepstakes Period" starts on December 31, 2010 at 12:00:00 A.M. Eastern Time ("ET") and ends on February 28, 2011 at 11:59:59 P.M. ET.
ELIGIBILITY: Open only to permanent, legal U.S. and Canadian residents who are physically residing in one (1) of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec) and who are at least eighteen (18) years of age or older at the time of entry. Void in Quebec, Puerto Rico, elsewhere outside of the United States/District of Columbia/Canada and where prohibited by law. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. "Sweepstakes Entities," as referenced herein, shall include Sponsor, Cultivator Advertising & Design, Inc., Fireant Studio, Inc., and their respective parent, subsidiary, and affiliate companies, their suppliers, their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. All federal, state, provincial and local laws and regulations apply. Participation constitutes Entrant's full and unconditional agreement to these Official Rules as well as Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sponsor's computer is the official Sweepstakes Period clock.
METHOD OF ENTRY: During the Sweepstakes Period, any eligible entrant ("Entrant") who wishes to enter online must go to www.realsolutions2011.com ("Website") and register for the Sweepstakes. An Entrant may register by logging on to the Website and entering his/her valid email address and other requested information including, but not limited to, his/her first and last name, complete address (a P.O. Box will not be accepted), date of birth and telephone number. By registering, the Entrant will receive one (1) automatic entry into the Sweepstakes, for both the Grand Prize and the Daily Prize awarded for that calendar day only. During the Sweepstakes Period, the Entrant may logon to the Website on a daily basis and receive another entry into both the Grand Prize and Daily Prize Sweepstakes. Limit of one (1) entry per email address per calendar day during the Sweepstakes Period. In case of a dispute as to the identity of an Entrant, the entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RANDOM SWEEPSTAKES DRAWINGS: From time to time on a weekly basis during and after the Sweepstakes Period, the Sponsor will randomly draw from the eligible Sweepstakes entries potential "Daily Prize Winners." There will be no more than one (1) Daily Prize Winner for each calendar day during the Sweepstakes Period. To be eligible for a Daily Prize, the Entrant must have entered the Sweepstakes before 11:59:59 P.M. ET on the calendar day that the Daily Prize is awarded. For each calendar day during the Sweepstakes Period, the pool of Entrants for the Daily Prize will consist only of those Entrants who entered on that day. Entries for the Daily Prize will not "roll over" from day to day. On or about March 18, 2011, Sponsor will randomly draw one (1) Sweepstakes entry from all eligible entries received during the Sweepstakes Period to be the Potential Grand Prize Winner. The Potential Grand Prize Winner and Potential Daily Prize Winners will be subject to verification of eligibility and compliance with these Official Rules.
PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE ("ARV"):
- Grand Prize Sweepstakes
Grand Prize (1): One (1) Grand Prize winner will win a trip for two (2) people, the Grand Prize Winner and his/her guest ("Guest"). The Grand Prize Winner may select one (1) of the following three (3) trips listed below (the "Trip"). For each Trip, the Grand Prize Winner and the Guest will receive coach-class air transportation from the gateway airport closest to Grand Prize Winner's home (selected by the Sponsor in its sole discretion) to Trip destination set forth below.
Costa Rica - Bajos del Toro and Guanacaste. This Trip begins with travel to Costa Rica (San Jose) and three (3) night stay at the inclusive El Silencio Lodge & Spa, Bajos del Toro, Costa Rica, with all meals included. Included is an excursion to Mountain Pine Ridge with lunch in Caracol, Costa Rica as well as ground transfer travel to the Hotel Grano De Oro for a one (1) night stay and full breakfast. Following that, the Grand Prize Winner and the Guest will receive ground travel transfer and four (4) nights at the Capitan Suizo Hotel, Playa Tamarindo, Guanacaste, with full breakfast daily and deluxe room accommodations.
Tucson, Arizona Miraval. Grand Prize Winner and the Guest will receive a five (5) night stay at the Miraval Arizona Resort & Spa, in Tucson, Arizona ("Miravel"). This trip includes roundtrip transfers to and from Tucson airport and three (3) meals per day for the Grand Prize Winner and the Guest at the Miraval. In addition, the Grand Prize Winner and the Guest will receive One Hundred Thirty ($130) Dollars per person per day to use for spa and classes at Miravel. If the Grand Prize Winner lives within two hundred (200) miles from Miraval, then the Sponsor may elect to provide the Grand Prize Winner and the Guest with ground transportation to Miraval and no compensation or substitution will be provided for any difference in prize value.
Puerto Vallarta, Mexico Casa Sueno Tropical Villas. Grand Prize Winner and the Guest will receive a five (5) night stay in a two bedroom/two bath luxury villa in the Casa Sueno Tropical Villas. These Villas are located in the Conchas Chinas neighborhood of Puerto Vallarta, Mexico. Included in this vacation package are the services of a private cook who will prepare three (3) meals per day. The Grand Prize Winner and Guest will be required to pay for the food for their meals. The Villas also provide a houseman, maid service, pool service and gardener. This trip includes roundtrip transfers to and from Puerto Vallarta, Mexico airport. Grand Prize Winner will also receive One Thousand (USD $1,000) for food and other travel expenses.
The Grand Prize Winner and the Guest must be able to complete the entire selected Trip by April 30, 2012. If a Grand Prize Winner is disqualified for any reason, cannot travel on the dates selected by Sponsor, or refuses to sign an Affidavit of Eligibility/Liability & Publicity Release, then the Sponsor may randomly select a new Grand Prize Winner from the pool of eligible Entrants or may cancel the Grand Prize Trip. Also, the Grand Prize Winner must select one of the three Trip options on the Affidavit in order to have a completed Affidavit.
The Guest must be either over eighteen (18) years old at the time of travel or, if the Guest is under eighteen (18) years old, the Grand Prize Winner must be the Guest's parent or guardian. The Guest must sign an Affidavit of Liability & Publicity Release (of if the Guest is under 18 years old, then the Grand Prize Winner must sign the Affidavit of Liability and Publicity Release as the parent/guardian of the minor guest).
The Grand Prize Winner and the Guest must travel on the same itinerary and all travel arrangements must be made with Sponsor or Sponsor's agent. Travel arrangements are subject to availability. Some restrictions may apply. No cancellation of reservation or transfer of reservations to another date will be permitted after the reservations have been made.
The Grand Prize Winner and the Guest are responsible for (1) all travel documents including, without limitation, a current, valid passport or other travel documents acceptable to the airlines, the destination countries, Transportation Security Administration, and the US/Canadian Governments, as they apply, (2) all medical requirements, (3) respecting all local regulations, and (4) for full compliance with the regulations of all venues.
Odds of Winning: The odds of winning a Grand Prize depend on the total number of eligible entries received in the Sweepstakes. No more than one (1) Grand Prize will be awarded as stated above.
ARV: The ARV of the each trip is USD $7,000 (CAD $7,189.70) Actual value depends on date/time/point of departure/destination. Any difference between the stated ARV and actual value will not be awarded. Grand Prize Winner and the Guest are solely responsible for any other expenses (including but not limited to federal, state, provincial and local taxes as set forth below) which are not listed in these Official Rules.
- Daily Sweepstakes:
- Daily Prizes (60): A maximum of sixty (60) Daily Prizes are available to be won throughout the Sweepstakes Period. The Daily Prize is a small gift basket of Kettle Brand®, Emerald and Pop Secret snacks.
- Odds of Winning: The odds of winning a Daily Prize depend on the total number of eligible entries received for each Daily Prize drawing. No more than 60 Daily Prizes will be awarded as stated above. Limit one (1) Daily Prize per household. An Entrant may win a Daily Prize and the Grand Prize.
- ARV: The ARV of all Daily Prizes is USD $3,000 (CAD $3,081.30).
Grand Total Approximate Retail Value of all Sweepstakes Prizes: USD $10,000 (CAD $10,271.00).
- Grand Prize Sweepstakes
HOW TO CLAIM A PRIZE, AFFIDAVITS AND RELEASES: The Potential Grand Prize Winner will be contacted by telephone, mail or email with instructions on how to claim the Grand Prize. If the Grand Prize Winner is a Canadian resident, then to be declared a Grand Prize Winner, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by email or telephone. If a selected Entrant fails to correctly answer the question, he/she will be disqualified and another Entrant will be randomly chosen. If a Potential Grand Prize Winner, whether an American or Canadian resident, is found to be ineligible or not in compliance with these Official Rules for whatever reason, declines to accept a prize, or Sponsor is unable to contact a Potential Grand Prize Winner within ten (10) days of the date that the Grand Prize is awarded, or in the event that a confirmation mail or email is returned as undeliverable, the Grand Prize will be forfeited and, in the Sponsor's sole discretion, the Grand Prize may or may not be awarded to an alternate Grand Prize Winner. The Potential Grand Prize Winner may be required to furnish proof of identification. Before being declared a Grand Prize Winner, the Potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a tax acknowledgment form within ten (10) days from the date it is postmarked as having been sent by the Sponsor or its representative, or the Grand Prize may (in Sponsor's sole discretion) be forfeited and, in Sponsor's sole discretion, awarded to an alternate Grand Prize Winner.
The Daily Prize will be fulfilled by mailing the Daily Prize to the address that the Daily Prize Winner set forth in his/her entry within 4 to 6 weeks from the date that it is awarded. If a Daily Prize Winner is a Canadian resident, then to be declared a Daily Prize Winner, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by email or telephone. Sweepstakes Entities shall not be held responsible for any delays in awarding any prizes for any reason.
The right to receive a Sweepstakes Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state, provincial and local taxes, if any, are the sole responsibility of Grand Prize Winner and the Daily Prize Winner. Sweepstakes Prizes will only be awarded to verified Winners.
LIMITATION OF LIABILITY: Sweepstakes Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected postage due, or undeliverable email, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Sweepstakes Entities are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner(s), in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. SWEEPSTAKES ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, Sweepstakes Entities are not responsible for, and shall be indemnified by each prize winner against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize. Prizes are awarded "as is" with no warranty or guarantee, either expressed or implied by the Sponsor.
Sweepstakes Entities shall not be liable to any prize winner or any other person for any part thereof, 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; 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. As a condition of participating in this Sweepstakes, each Entrant agrees to release, defend, indemnify and hold harmless Sweepstakes Entities from and against any injuries, death, losses, costs, expenses, damages, claims, judgments, causes of action and any liability of any kind in connection with, resulting from or arising from the Sweepstakes, participation in the Sweepstakes, including without limitation, acceptance, receipt, delivery, possession, use, misuse, inability to use, defect or nonuse or loss of the prize that may be awarded.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SAN FRANCISCO COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND 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 RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
PUBLICITY RIGHTS: By playing the Sweepstakes and/or accepting a Prize, Entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
GENERAL: NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING. By entering this Sweepstakes, participants agree to abide by and accept these Official Rules throughout the Sweepstakes Period and the decisions of Sponsor, which shall be final and binding in all matters relating to this Sweepstakes. Entrants waive any right to claim any ambiguity in these Official Rules. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Prize Winners. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and 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 Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNER'S LIST. For a list of prize winners, an inquiring individual should print his/her name and address on a 3"x 5" card and mail it in an envelope to: Winners List, Real Solutions 2011 Sweepstakes, Kettle Foods, 3125 Kettle Ct. SE, Salem, OR 97301. Winner List requests will only be accepted after the end of the Sweepstakes Period (listed above) and requests must be received no later than April 30, 2011.