EVERY CART COUNTS “WE’LL BUY YOUR GROCERIES” SWEEPSTAKES (THE “SWEEPSTAKES”)
PURCHASE NECESSARY TO ENTER OR WIN
Sponsor: Earthbound Farm, LLC, 1721 San Juan Highway, San Juan Bautista, CA 95045 (“Sponsor”).
Administrator: TMACO, LLC d/b/a The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 (“Administrator”).
By participating, you (“entrant” or “you”) agree to abide by and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all respects and not subject to appeal.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at 9:00:00 a.m. local time on April 1, 2019 and ends at 5:00:00 p.m. local time on April 30, 2019 (the “Sweepstakes Period”).
2. ELIGIBILITY: The Sweepstakes is open only to legal residents residing in the 48 contiguous United States (excluding residents of Florida and Rhode Island) and the District of Columbia (“Sweepstakes Territory”), who are 18 years of age or older and the age of majority in their state of residence at the time of entry. Void outside the Sweepstakes Territory and where licensed, taxed and/or prohibited by law. Employees, officers, directors, agents, representatives and their immediate families or members of household (spouse, parents, children, siblings, and each of their spouses regardless where they live) of Sponsor, Administrator and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and production agencies (collectively, the “Sweepstakes Entities”) and anyone connected with the production, execution or distribution of this Sweepstakes and any supermarket or grocery retail outlet where the Sweepstakes runs are not eligible to enter the Sweepstakes or be awarded a prize. The Sweepstakes is subject to all applicable federal, state, and local laws.
3. HOW TO ENTER THE EVERY CART COUNTS SWEEPSTAKES: This Sweepstakes will be offered in random locations in the Sweepstakes Territory. “Mystery Shoppers” will be circulating at various times and days around the check-out lines at participating supermarket/grocery retail locations during the Sweepstakes Period. Each Mystery Shopper will be looking for shoppers with shopping carts that contain “Earth-Friendly” items. For the purposes of the Sweepstakes, “Earth-Friendly” items may include, without limitation, organic produce and other organic products, “natural” products, eco-friendly cleaning supplies, meats from free-range animals, poultry and eggs from cage-free fowl, or reusable shopping bag(s). If a shopper’s shopping cart contains a reasonable number of Earth-Friendly items, as determined by each Mystery Shopper in his/her sole, subjective discretion, the Mystery Shopper may offer to pay for all of the items in such shopper’s shopping cart (up to a maximum of $400).
4. EVERY CART COUNTS SWEEPSTAKES WINNER SELECTION: Approximately 750 Grand Prize (defined in #5 below) winners will be selected. Each potential winner will be required to provide the Mystery Shopper with his/her first and last name, complete home address (PO Boxes not acceptable) including city, state and ZIP code, a daytime telephone number and will be asked to voluntarily provide a valid, working email address. Failure to provide the required information above to the Mystery Shopper will signify that the Grand Prize has been declined. If a potential winner is found to be ineligible, or not in compliance with these Official Rules, or declines to accept a Grand Prize, such potential winner will be disqualified and his/her Grand Prize forfeited for all time and another potential winner may be chosen. If a potential winner meets all eligibility requirements and provides the required contact information to the Mystery Shopper, the potential winner will be confirmed as a Grand Prize winner and the Mystery Shopper will award a Grand Prize to such winner.
5. EVERY CART COUNTS SWEEPSTAKES PRIZES, APPROXIMATE RETAIL VALUE (ARV) AND ODDS: Approximately 750 Grand Prizes will be awarded and each Grand Prize winner will have the total retail value of the items in such winner’s shopping cart paid for by a Mystery Shopper, up to a maximum value of $400 (each a “Grand Prize).” The Average Retail Value (“ARV”) of each Grand Prize is estimated to be $150. Total Grand Prize ARV is $112,500. Of the total carts purchased, 50 will be purchased in New York State. Total Grand Prize ARV in New York State is $7,500. Except as set forth in these Official Rules, Grand Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind. Should the value of items in a winner’s shopping cart be less than the ARV in these Official Rules, the difference will not be awarded in cash or kind. The total value of the items in a winner’s shopping cart will be determined by the retail price of the merchandise plus applicable sales tax, excluding any coupons used for the purchase. Any other costs and expenses associated with Grand Prize acceptance and use not specified herein as being provided are the winners’ responsibility, regardless of whether the Grand Prize is used in whole or in part. Selection of qualifying products and prices of products are subject to availability and prices at the time the Mystery Shopper examines a shopping cart. Entrant understands and acknowledges that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a Grand Prize or the products paid for or regarding the use, value or enjoyment of a Grand Prize. Odds of winning a Grand Prize: Dependent on the time and day a Mystery Shopper surveys shoppers in the check-out lines of a particular participating supermarket, the ability of the Mystery Shopper to see and evaluate qualifying Earth-Friendly items in shopping carts and the subjective determination of the Mystery Shopper.
6. CONDITIONS OF ENTRY: Entrants who have not complied with these Official Rules are subject to disqualification. The Sweepstakes Entities are not responsible for: (i) those who cannot shop in a particular supermarket location or the inability of Mystery Shoppers to survey shopping carts for any period of time, during the Sweepstakes Period; or (ii) delay, failure for any reason including, but not limited to, human errors, computer systems errors or malfunction or by force majeure; or (iii) printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes or the offering or announcement of the Grand Prizes or in any Grand Prize notification documents; or (iv) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature. Sponsor reserves the right to terminate, modify, or suspend the Sweepstakes or part of the Sweepstakes at any time if Sponsor believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly. In the case of early termination, no further winners will be selected. Without limitation, a shopper and will be disqualified, if s/he attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules.
7. RELEASES: Sponsor’s employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. As a condition of entering this Sweepstakes, entrant explicitly agrees: (i) to release, indemnify, and hold harmless the Sweepstakes Entities and officers, directors and employees of any participating supermarket/grocery retailer from any and all liability, losses, actions, causes of action, damages, claims and demands whatsoever in law or in equity arising out of or resulting from participation or non-participation in the Sweepstakes or the awarding, acceptance, and/or use or misuse of a Grand Prize; and (ii) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, any punitive, multiplied, indirect, incidental, consequential, exemplary or any other damages, other than for actual out-of-pocket expenses; and (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be entitled to receive attorneys’ or experts’ fees or court costs. Some jurisdictions do not allow the limitation, or exclusion, of liability for incidental or consequential damages, so the above may not apply to you. Unless prohibited by law, each winner, by acceptance of a Grand Prize, grants to Sponsor, the other Sweepstakes Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display his/her first name, first initial of last name, city and state of residence, photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities sole discretion) in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission.
8. GENERAL: If any provision of this Sweepstakes shall be deemed to violate any federal, state, local or agency law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, local or agency law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction in the Sweepstakes Territory, Sponsor reserves the right to terminate the Sweepstakes in such jurisdiction(s) in its entirety, without penalty and without obligation to any entrants. Sponsor’s failure or decision not to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials, these Official Rules shall prevail. 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. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
10. GOVERNING LAW: To the fullest extent permitted by law, by entering, entrant agrees and acknowledges that any and all disputes, claims, action and causes of action arising out of or connected with this Sweepstakes or any prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of group or class action, and exclusively in a court of competent jurisdiction sitting in San Benito County, California without regard for conflicts of law doctrine. By entering the Sweepstakes, entrant agrees to the personal jurisdiction of such courts and waives any right of change of venue, forum non conveniens, or the like. Entrant also does hereby waive the right to a trial by jury in any and all disputes, claims, actions, and causes of action arising out of or connected with this Sweepstakes or any prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental, multiplied or punitive damages, and in no event attorneys’ or experts’ costs. Some jurisdictions do not allow the limitation, or exclusion, of liability for incidental or consequential damages, so the above may not apply to you.
11. FOR A LIST OF WINNERS: For a list of the winners of the Sweepstakes, send a self-addressed, properly stamped, #10 business envelope to: Winners — Every Cart Counts “We’ll Buy Your Groceries” Sweepstakes, c/o Earthbound Farm, 1721 San Juan Highway, San Juan Bautista, CA 95045, to be received by June 30, 2019. Limit one (1) request per outer envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
All trademarks and trade names are the property of their respective owners.
© 2019 The Marketing Agency. All Rights Reserved.
TMACO, LLC d/b/a
The Marketing Agency
2881 E. Oakland Park Blvd.
Fort Lauderdale, FL 33306
fax +1. 866.379.5788
EBF April Earth Month Reusable Bag Giveaway Promotion Full Terms
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the U.S. Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on April 15, 2019 at 12:00 a.m. Pacific Time (“PT”) and ends on April 26, 2019 at 11:59 p.m. PT (the “Promotion Period”).
1. Eligibility: The EBF April Earth Month Reusable Bag Giveaway Promotion (the “Promotion”) is open to legal U.S. residents currently residing in one of the 50 U.S. states or the District of Columbia, who are eighteen (18) years or older as of the date of entry. PROMOTION IS VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, ALL OTHER U.S. TERRITORIES AND POSSESSIONS. Employees, officers, and directors of Earthbound Farm, LLC (“Sponsor”) or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to 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. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor and Administrator: Earthbound Farm, LLC. 1721 San Juan Hwy, San Juan Bautista, CA 95045
3. How to Enter: To enter, during the Promotion Period, complete the ‘how green is your cart’ quiz posted online at earthboundfarm.com. Upon completion of the quiz, you will be entered with one (1) entry into the Sweepstakes. Alternatively, you may enter by sending your name, mailing address and email address, on an 8×5 piece of paper to Earthbound Farm, LLC. 1721 San Juan Hwy, San Juan Bautista, CA 95045. Limit one entry per stamped outer envelope. P.O. Boxes are not permitted. Mailed entries must be received by April 26, 2019. All potential winners are subject to verification before any prize will be awarded. Entries must be submitted by the contestant. No copies, facsimiles, or mechanical reproductions of the Entry Form will be accepted. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any registration, the authorized account holder of the email address used to enter will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive accounts will be disqualified and ineligible to win. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified.
4. Selection of Winners: On or about May 1, 2019 Sponsor will select twelve thousand (12,000) winners, in a random drawing from among all entries received, to receive a reusable shopping bag. The odds of winning are based on the number of eligible entries received. The potential winners will be notified by email on or around May 8, 2019. Except where legally prohibited, each potential winner must provide, within seven (7) days of being notified, their full name, address. If a potential winner cannot be contacted by email after the first attempt to contact him/her, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only five (5) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: Twelve thousand (12,000) winners, will receive an Earthbound Farm Organic reusable shopping bag. Total ARV of each bag $2.00 USD.
Prize Restrictions: Limit: One (1) prize per person and per household. Any and all applicable federal, state, and local taxes (including but not limited to income and sales taxes) and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right, at its sole discretion, to substitute prize of equal or greater value if the advertised prize (or portion of prize) is unavailable. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won.
6. General Conditions: This Promotion is governed by the laws of Delaware, United States. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Promotion (or any portion thereof) and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. Release and Limitations of Liability: By participating in this promotion, entrants agree that Sponsor, Instagram, Facebook, Inc. and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO EARTHBOUND FARM, THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
10. Official Rules and Winners List: For a copy of the Official Rules, send a stamped, self-addressed envelope for receipt by April 26, 2019 to: 1721 San Juan Hwy, San Juan Bautista, CA 95045. For a list of winners available after May 25, 2019 send a stamped, self-addressed envelope to: 1721 San Juan Hwy, San Juan Bautista, CA 95045. VT residents may exclude return postage.
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