OCEAN MIST FARMS ARTICHOKE ADVENTURER CONTEST
A PURCHASE IS REQUIRED TO ENTER THE CONTEST.
Entry Period: 3/20/16 at 12:00 AM Pacific Time (“PT”) - 4/16/16 at 11:59 PM PT.
Initial Judging Round: 4/17/16 – 4/19/16.
Public Voting Round: 4/21/16 at 12:00 AM PT – 4/28/16 at 11:59 PM PT.**
Winner Notification: On/about 4/29/16.
**By posting notice on www.OceanMist.com/sweepstakes (“Contest website”), Sponsor may delay, postpone or otherwise modify Public Voting Round.
In all cases, the computer of Administrator (as defined below) is the official timekeeping device of the Contest.
ELIGIBILITY: The Contest is open only to legal residents of the 48 contiguous United States and District of Columbia (U.S.) who are twenty-one (21) years of age or older (“Entrant”). Employees (and the immediate families, spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside, and members of the same household of such employees (whether or not related) of California Artichoke & Vegetable Growers Corporation doing business as Ocean Mist Farms (“Ocean Mist Farms” or “Sponsor”); Nuffer, Smith, Tucker; Castroville Festivals, Inc. ; Full Steam Marketing & Design; Lakeview Marketing; and their respective parents, divisions, affiliates, dealers, subsidiaries and advertising and promotion agencies, including third party bloggers who have been compensated by Sponsor or its agencies to promote the Contest as well as Exposure Marketing & Promotion Inc. (“Administrator”), and companies involved in the implementation and execution of the Contest (collectively the “Contest Entities”) are not eligible to enter or win the prize. Contest is void in Puerto Rico, and U.S. territories and jurisdictions (including overseas military installations) and where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: During the Contest Period, visit the Contest website at www.OceanMist.com/sweepstakes. Complete the entry form with your name, email address and all other required information; join Ocean Mist Farms’s Artichoke Club to receive a monthly e-newsletter regarding artichokes, if you are not a member already (the Artichoke Club is free to join and you may cancel your membership at any time without affecting your ability to enter the Contest or win the prize); upload your original video or photo of you preparing to eat or eating a fresh artichoke; and check the box agreeing to these Official Rules and granting the Sponsor usage rights in the video/photo (“Entry”). All Entries must be received by 4/16/16 at 11:59 PM PT.
If you post your video/photo to your public account on Instagram and/or Twitter,^ be sure to include the hashtags #ArtiAdventurer and #Contest. (By including the #Contest hashtag, you are advising the public that a “material connection” exists between you and the Sponsor, in that you are posting your video/photo in conjunction with entering this Contest.) Then, to enter the Contest, go to the Contest Website and follow the steps above. POSTING A VIDEO/PHOTO ON INSTAGRAM AND/OR TWITTER ALONE WILL NOT RESULT IN CONTEST ENTRY; YOU MUST ALSO COMPLETE AND SUBMIT THE ENTRY FORM ON THE CONTEST WEBSITE AS SET FORTH ABOVE. In addition, if the video/photo is posted on Instagram and/or Twitter without the prescribed #Contest hashtag, such posted video/photo cannot be used to enter the Contest.
^ Membership/accounts on Twitter and Instagram can be established without charge. A compatible mobile device IS required to use Instagram, however.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.
ENTRY RESTRICTIONS: Video/photo must be solely the original work of Entrant submitting same. Entries by teams or groups are strictly prohibited. Once submitted, an Entry cannot be supplemented, modified, or revised in any manner. (If video/photo is posted on Twitter and/or Instagram, the same video/photo must be uploaded as part of Entry.) Video/photo must be in compliance with the technical requirements as indicated on Contest website. In addition, photo may include a caption, provided that the text is entirely in English and no more than 50 words. Video cannot include music (the only audio must be of a person’s voice) and must be a minimum of seven (7) seconds and a maximum of sixty (60) seconds in length. THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON (REGARDLESS OF WHETHER OR NOT A PERSON POSTED HIS/HER VIDEO/PHOTO ON INSTAGRAM AND/OR TWITTER). Violation of this limit (i.e., submission of more than one  Entry) will result in voiding of all Entries after the initial Entry; but, should Sponsor/Administrator determine that a person has egregiously, repeatedly or blatantly violated the entry limit, such person may be disqualified from the Contest with all his/her Entries being declared void. Receipt of Entries may be acknowledged, but such acknowledgment does not constitute any representation as to Contest eligibility. Proof of submitting Entry does not constitute proof of receipt or proof of Contest entry. Automated Entries (including but not limited to Entries made using any script, macro, bot, or sweepstakes/contest service) will result in disqualification of person sending same, with all Entries by such person being declared void. In the event of a dispute over the identity of an Entrant, Entry will be deemed made by the authorized account holder of the email address provided on the entry form. The authorized account holder is 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 or the domain associated with the email address in question. Contest Entities are not liable for incomplete, corrupted, garbled, defective, inaccessible, irregular, lost, late or misdirected Entries, regardless of cause; this includes but is not limited to photos/videos that cannot be opened or viewed by Sponsor or Administrator for any reason.
Message and data rates apply to use of mobile device for Contest entryYou may be charged by your wireless carrier for the Contest via mobile device. Be sure to check your wireless carrier's pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
ENTRY RESTRICTIONS: CONTENT. Photo/video component of Entry must comply with all of the following requirements as determined by Sponsor/Administrator in their sole discretion:
(a) Must be original and not copied, in whole or in part, from any other source;
(b) Must not violate the rights of any third party, including rights of copyright, trademark, patent, privacy or publicity (Do NOT include third party logos; if persons other than the Entrant him/herself appear in the photo/video or someone else took the photo or video or was otherwise involved in the creation or development of the photo/video, it is the Entrant’s sole responsibility to secure the consent of such person(s) in writing beforehand and Sponsor/Administrator reserve the right to condition prize award upon the submission of satisfactory proof of such third party consent);
(c) Must not be inappropriate, objectionable or unfit for publication (e.g., include pornographic images, nudity, obscenity or hate speech);
(d) Must not disparage Sponsor, its products or otherwise adversely affect the goodwill and business reputation of Sponsor;
(e) Must not advocate alcohol use, drug use, violent behavior or any illegal activity;
(f) Must be relevant to the Contest theme.
Should Sponsor/Administrator determine that an Entrant's photo/video violates the above criteria and/or any other requirement of the entry procedure, Sponsor/Administrator may but are in no way obligated to afford the Entrant an opportunity to correct the defect(s) in the photo/video and resubmit same (provided a sufficient amount of time remains prior to the conclusion of the Entry Period, as determined by Sponsor/Administrator in their sole discretion). Should Sponsor/Administrator choose not to afford an Entrant the opportunity to correct a defective Entry for any reason, Sponsor and Administrator shall not have any liability of any kind under any legal theory.
POSTING OF PHOTOS/VIDEOS: As part of the Contest, Sponsor/Administrator may post photos and videos on the Contest website or perhaps elsewhere (e.g., social media pages of Ocean Mist Farms), including for purposes of public voting. With the exception of public voting, all such posting is intended for entertainment and informational purposes only. In all cases (including public voting), entrants understand and agree that their photo/video as posted:
(a) may differ from the photo/video as included in his/her Entry due to technological, programming, electronic or other limitations/specifications or the like and release Sponsor and Administrator from any and all liability of any kind relative to same;
(b) will be posted in an order, sequence, pattern or arrangement of Sponsor's sole discretion which may (or may not) be rotated one (1) or more times as determined by Sponsor in its sole discretion;
(c) will be attributed to Entrant in a manner of Sponsor's sole choosing (but, all photos/videos will be attributed to Entrants in a uniform manner).
POSTED VIDEOS/PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING OF VIDEOS/PHOTOS AND DISCLAIMS ANY RESPONSIBILITY OF ANY KIND RELATIVE TO THE POSTING OF VIDEOS/PHOTOS, INCLUDING RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING VIDEOS/PHOTOS PRIOR TO POSTING OF SAME.
GRANT OF RIGHTS IN PHOTO/VIDEO:
Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her photo/video in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. To the extent applicable, the preceding grant of rights is made subject to the terms/policies of Instagram or Twitter as to content posted on their respective social media platforms. Entrant further waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in his/her photo/video. Entrant further agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this subsection.
Entrant also understands and agrees that
(a) Sponsor and its agencies (including Administrator) have wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the photo/video submitted by Entrant when participating in the Contest and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith; and
(b) Sponsor and its agencies (including Administrator) do not have any duty of confidentiality or other fiduciary duty to Entrant relative to his/her photo/video submitted as an Entry in the Contest.
SELECTION OF FINALISTS- INITIAL ROUND OF JUDGING
A judging panel (comprised of representatives of Sponsor and Nuffer, Smith, Tucker as the Sponsor’s public relations agency) will review all eligible Entries (i.e., photos/videos) and select the top ten (10) Finalists based on the following, equally weighted criteria:
(b) adventurous spirit and expression of enthusiasm;
(c) use of artichoke in photo/video
The judging panel, however, reserves the right to select fewer than ten (10) Finalists for any reason. In evaluating photos/videos, the judging panel will take into account whether the submission is in the form of a photo or video. The top ten (10) Finalists will advance to the public voting round to determine the prize winner. Finalists will be notified prior to posting for the public voting round, and potentially may be required to complete, sign and return a Finalist Affidavit of Eligibility and Release and/or other paperwork within designated time period in order to remain eligible to be a Finalist. In the event of a tie, the photo/video among those which are tied with the higher/highest score in “adventurous spirit and expression of enthusiasm” will be deemed a Finalist.
DETERMINATION OF WINNER- PUBLIC VOTING ROUND
The Finalist whose photo/video has the highest vote total in the public voting round will win the Grand Prize, subject to verification.In the event of a tie, the Finalist photo/video among those tied which received the higher/highest score in the Initial Round of Judging will be deemed the potential Grand Prize winner.(For the avoidance of doubt, Finalists who do not win the Grand Prize will not receive any prize or award.)
There is a limit of one (1) vote for one (1) Finalist photo/video per day (12:00 AM PT – 11:59 PM PT).
Sponsor/Administrator reserve the right to discount votes, disqualify Finalists and/or take other remedial actions should Sponsor/Administrator determine in their sole discretion that the integrity of the public voting procedure has been compromised or impugned in any way. The preceding includes, by way of example only, the offer of any benefit or incentive in exchange for voting (or not voting) for a given Finalist video/photo. Any information posted on the Contest website or elsewhere by Sponsor/Administrator as to the number of votes received by a given Finalist’s photo/video is for informational and entertainment purposes only, is not binding upon Sponsor/Administrator in any respect and may be modified by Sponsor/Administrator at any time without liability of any kind.
FOR THE AVOIDANCE OF DOUBT, EVEN IF A FINALIST HAS THE HIGHEST VOTE TOTAL AT THE END OF THE PUBLIC VOTING ROUND, SUCH PERSON IS NOT THE POTENTIAL PRIZE WINNER UNLESS AND UNTIL HE/SHE HAS BEEN PERSONALLY NOTIFIED BY SPONSOR OR ADMINISTRATOR TO SUCH EFFECT.
WINNER NOTIFICATION: Potential Grand Prize winner will be notified by e-mail and will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”), as well as perhaps other additional documents (including those that Sponsor may require so as to effect, record or perfect potential Grand Prize winner’s grant of rights in his/her photo/video to Sponsor) within (5) days of receipt (but, if potential Grand Prize winner wishes to attend the Castroville Artichoke Food & Wine Festival [6/3 – 6/6/16], as discussed below, the Affidavit/Release must be returned within (2) days of receipt or such shorter time as may be indicated in the prize notification documents.) In the event of noncompliance with this requirement or if potential Grand Prize winner cannot be contacted by Administrator, Grand Prize will be forfeited and an alternate winner selected (that is, the Finalist with the next highest total number of votes in the public voting round). For the avoidance of doubt, the opportunity to attend the Castroville Artichoke Food & Wine Festival will be available to such alternate winner time permitting. Without limiting the foregoing, Entrants understand and agree that their signature on any required documents (be it the Affidavit/Release for Grand Prize Winner; Finalist Affidavit [if applicable]; or other documents) in electronic or facsimile form shall have the same legal force and effect as a hand-signed paper copy of same.
GRAND PRIZE: Trip for winner and one (1) guest to Monterey, CA. Prize trip consists of roundtrip, coach air travel from a major airport near winner’s home (determined by Sponsor in its sole discretion) to San Jose, CA; three (3) nights hotel accommodations (standard room, double occupancy); stipend of $150 that may be used to pay for rental car or other ground transportation for three (3) days or otherwise; one (1) Ocean Mist Farms gift bag; and $1800 in gift cards which may be used by winner and guest for meals and other activities or otherwise (subject to terms/conditions as indicated thereon; issuer is of Sponsor's sole choosing). Approximate Retail Value of Grand Prize: $4850. (If actual value is less than $4850, winner will not receive difference in cash or otherwise.) Trip is subject to availability and other restrictions. Winner must complete prize travel by 12/31/16. Winner must provide at least (45) days' notice in advance of preferred travel date (unless traveling so as to attend the Castroville Artichoke Food & Wine Festival [6/3 – 6/6/2016], as discussed below), with the understanding that (a) blackout dates apply; (b) he/she may not receive his/her preferred travel date and (c) the deadline for advising Sponsor or its designated representative of preferred travel date is 9/6/16. If winner elects to travel to the Castroville Artichoke Food & Wine Festival, he/she must advise Sponsor or its designated representative in writing no later than 5/13/16. If winner travels to the Castroville Artichoke Food & Wine Festival, he/she will also receive (2) tickets to both days of the Castroville Artichoke Food & Wine Festival including Field Tour (subject to terms/conditions as indicated thereon). But, if should winner travel at any other time prior to the travel deadline of 12/31/16, if Administrator has not verified winner's eligibility so that sufficient time remains to make appropriate travel arrangements for winner and guest to attend the Castroville Artichoke Food & Wine Festival, or in the unlikely event that the Castroville Food & Wine Festival is cancelled, the trip to Monterey, CA will constitute the Grand Prize in full and no other prize will be awarded. Winner and guest must travel on same itinerary. Guest of winner will be required to sign liability release and where permitted by law a publicity release (“Release”) prior to issuance of travel documents. Travel guest must be at least 21 years of age. To use stipend to pay for rental car, winner must have a valid driver's license, be 25 years of age or older, have at least one (1) major credit card in good standing and otherwise be in full compliance with the standard rental car agreement. If winner lives within 200 miles of Monterey, CA (as determined by Sponsor/Administrator in their sole discretion), the winner will receive the stipend to pay for rental car in lieu of air travel and no additional compensation will be awarded. If winner elects to travel without a guest, the Grand Prize will be awarded in increments appropriate for a single traveler (i.e., the winner) and no additional compensation will be awarded. All expenses and costs related to acceptance and use of prize not expressly listed above, including but not limited to, meals, beverages, taxes and gratuities, are entirely the winner’s responsibility. No refund or compensation will be made in the event of the cancellation or delay of any flight. Winner and guest will not receive bonus miles, rewards points or other “perks” in conjunction with prize travel. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute prize/prize component with another prize/prize component of comparable or greater value if the advertised prize/prize component is not available for any reason as determined by the Sponsor in its sole discretion. (The preceding only excludes gift cards where the ability to redeem the gift card for cash is required by law). All taxes on prize are the winner's sole responsibility. Grand Prize winner will be issued an IRS 1099 Tax Form for the value of Grand Prize; Grand Prize winner agrees to fully cooperate with Sponsor/Administrator in conjunction with the issuance of IRS 1099 Tax Form.
GENERAL CONDITIONS/RELEASE: By participating, Entrants (a) release Contest Entities, their respective directors, officers, agents and employees, as well as Instagram and Twitter, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of the prize; and (b) if the prize winner (except where prohibited by law), Entrant consents to the use by Sponsor and its designees of his/her name, hometown, likeness, statements and other personally identifiable information for contest, advertising and marketing purposes in any media throughout the world without additional consideration and consent or prior review, and upon request will provide written consent to such use. Sponsor and its agencies (including Administrator) make no representation or warranty of any kind, including but not limited to the representation of merchantability or fitness for intended use, with regard to any elements of the Grand Prize. Neither Contest Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or any human or other error, technical malfunctions, lost/delayed data, omission, interruption, deletion, defect, failures of any computer equipment, software, inability to access any online service or website (including the Contest website), or any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from participation in this Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, DEFRAUD SPONSOR/ADMINISTRATOR, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest or any part of it is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which, in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel the Contest or any part of it. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Contest website and the prize will be made available to be won in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Entries not complying with all rules are subject to disqualification.
GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
WINNER: To receive Contest results (winner's list), visit www.promodetails.com and enter the Promo Code “OceanMistArtichokeAdventurer.” Winner's list will be available after 5/6/16.
SPONSOR: California Artichoke & Vegetable Growers Corporation doing business as Ocean Mist Farms, 10855 Ocean Mist Parkway, Castroville, CA 95012.
ADMINISTRATOR: Exposure Marketing & Promotion, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326.
© 2016 Exposure Marketing & Promotion, Inc. All Rights Reserved.