Avocado Hand Insurance Sweepstakes Official Rules
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The MegaMex Food, LLC (“Sponsor”) “Avocado Hand Insurance Sweepstakes”(the “Promotion”) is only open to those who, as of the start date, are legal residents of the fifty (50) United States, including the District of Columbia, and who have reached the age of majority in their state or district of residence. The Promotion is void where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (“Promotion Entities”) involved in the administration of this Promotion, and the immediate families (defined as parents, spouses, children, siblings, grandparents and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
2. TIMING. The Promotion entry period begins on January 28, 2020 12:00:00 am Eastern Time (“ET”) and ends February 3, 2020 at 11:59:59 pm ET (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Promotion. All entries (“Entries” or “Entry”, as described below) must be received by 11:59:59 pm ET on February 3, 2020. Entries submitted past the expiration of the Sweepstakes Period will not be accepted and will be destroyed.
3. HOW TO ENTER. To enter, join Twitter if you haven’t already done so. Go to the WHOLLY® Guacamole page on Twitter®, @eatwholly, (“Page”), find the Promotion posts throughout the Entry Period (each, a “Post” or collectively, the “Posts”), and simply retweet one or all Promotion Posts including the hashtags #AdvocadoHandInsurance #WhollySweepstakes (each, a “Entry”) to receive an automatic Entry in the Promotion. All Entries must be received by 11:59:59 PM ET on February 3, 2020 to be eligible. Sponsor’s computer is the official clock for the Promotion. Limit one (1) retweet/Entry per person per Post. Multiple entries in a single day are not permitted. Multiple Entrants are not permitted to share the same Twitter® account. In the event of a dispute as to any Entry, the Authorized Account Holder of the Twitter® account used to submit an Entry will be deemed to be the Entrant. The “Authorized Account Holder” is the natural person who is assigned to the Instagram® or Twitter® account by an Internet service provider, online service provider, or other organization that is responsible for assigning Twitter® accounts.
Entrants must adjust their Twitter® account settings to allow for viewing of Entries and receipt of messages from the Promotion Entities. For this purpose, Entrants must set their Twitter® account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from the Promotion Entities. It is the sole responsibility of Entrant to take any steps necessary to adjust his or her Twitter® account settings so that Entries may be viewed by, and messages can be sent by, the Promotion Entities. An Entrant’s non-receipt of a message from the Promotion Entities for any reason, including but not limited to, Entrant’s failure to adjust Twitter® account settings, shall be Entrant’s, and not the Promotion Entities’, fault. Similarly, the Promotion Entities, and their respective officers, directors, managers, employees, members, shareholders, agents and insurers, shall not be held liable if they are not able to view an Entry for any reason, including but not limited to, the Entrant’s failure adjust his or her Twitter® account settings accordingly.
The Promotion Entities will not acknowledge or confirm receipt of any Entries. The Promotion Entities are not responsible for Internet provider glitches or outages that result in the non-receipt of any failed Entry attempts.
Before entering the Promotion, your social media channel account settings must not restrict public access or else Sponsor will not be able to locate Entry and your Entry will not be included in the Promotion.
This Promotion is not sponsored, endorsed, administered by, or associated with Twitter® or any other social media platform. You understand that you are providing information to Sponsor and not to Twitter, etc.
Complete and submit all requested information during the Entry Period in accordance with the on-screen instructions. You must complete all required information to be eligible to win. All entries must be received by Sponsor during the Entry Period. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses or Twitter accounts, identities, registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. All Entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of Entry by Sponsor.
Your Entry must not contain any inappropriate or offensive materials, as determined by Sponsor in its sole discretion. Any Entry, which in the sole opinion of Sponsor, is deemed inappropriate in any way (e.g., defamation, nudity, pornography, gratuitous violence, inappropriate language, obscene, illegal, racially or morally offensive or likely to transmit or contain a virus, corrupted file or any similar element, etc.), is inconsistent with the theme or image of the Promotion, contains personally identifiable information, or otherwise violates the terms or the spirit of these Official Rules in any way, may be rejected and result in disqualification. Entries must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy. Sponsor has the right, but not the duty, to review and disqualify any Entry submitted in connection with this Promotion.
In the event of a dispute as to the ownership of an entrant’s Entry, the natural person who is the authorized account holder of the email address or other address used to enter will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Promotion. The “authorized account holder” is the natural person assigned to an email address or similar electronic address by an Internet access provider, online service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
5. DRAWING; ODDS; NOTIFICATION. There will be a total of 54 Grand Prize winners in the Sweepstakes. On or about February 4, 2020, Administrator will conduct a random drawing from among all eligible Entries received during the Sweepstakes Period, to select the potential Grand Prize winners (“Winners”). Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Potential Winners will be contacted via direct message on Twitter, and may be awarded their prize listed below (subject to verification of eligibility and compliance with the terms of these Official Rules.) Failure to respond to the prize notification message within 24-hours of notification, or return of message notification as undeliverable after three (3) attempts, will result in disqualification and an alternate potential Winner may be awarded, time permitting. EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Sweepstakes Parties shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason, or for any entrant who changes his/her Twitter account. If your Entry is not selected as a potential winner, you will not receive any notification.
6. PRIZE(S). Fifty-four (54) Grand Prizes – A one-year supply of WHOLLY® Guacamole, awarded in the form of fifty-two (52) coupons. ARV: $415.48 each (value of each coupon is $7.99). Total ARV of all Grand Prizes: $22,435.92. Coupons are subject to the terms, conditions and restrictions printed on the coupon. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. For prizes valued over $600, prize winner will be issued and IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, and alternate winner may be selected at random from the pool of eligible entrants, All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential prize winner.
7. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online) now or hereafter known, worldwide, in perpetuity, and without further payment, consideration, notice, review, approval or consent. Despite the above, Sponsor has no obligation to use such materials in any manner.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, there is any unsportsmanlike, dangerous or disruptive behavior associated with the Promotion, or there are viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes from among eligible, non-suspect Entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Promotion partners and prize suppliers, and Twitter, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or Entry in the Promotion and/or winner’s award, receipt or use of any prize awarded in the Promotion or any prize-related activity.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, lost, misplaced, filtered, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected Entries or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Promotion; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Promotion or the processing of Entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Mower County, Austin, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, 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, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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, or the rights and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
13. OFFICIAL RULES. These Official Rules are available at www.eatwholly.com/avocado-hand-insurance-sweepstakes-official-rules or by sending a self-addressed envelope to “Avocado Hand Insurance Sweepstakes” — Rules Request.” ℅ Brandmovers, 590 Means St NW #250, Atlanta, GA 30318.
14. WINNERS LIST. For a copy of the list of winners, send a stamped, self-addressed envelope to: “Avocado Hand Insurance Sweepstakes” — “Winner List Request”, ℅ Brandmovers, 590 Means St NW #250, Atlanta, GA 30318. Requests must be received by March 19, 2020.
15. SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is The MegaMex Food, LLC, 333 S Anita Dr #1000, Orange, CA 92868.