Contest Terms & Conditions
TERMS AND CONDITIONS & OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
This promotion is not sponsored, endorsed or administered by, or associated with Instagram
- ELIGIBILITY: #bluetifulshot (the “Contest”) is open only to 2017 FNCE attendees who are legal residents of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older. Employees of the Contest Sponsor and its respective parent companies, affiliated companies, subsidiaries, sponsors, advertising agencies and third-party fulfillment agencies and their respective agents, employees, officers, directors, successors and assigns as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to enter. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
- SPONSOR: The Contest is sponsored by the U.S. Highbush Blueberry Council (USHBC).
- AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- ENTRY PERIOD: The Contest entry period is beginning Sunday, October 22nd, 2017, at 9:00AM CST and ending at 9:00PM CST on Monday, October 23rd, 2017. Entries that are submitted before or after the Entry Period will be disqualified.
- CREATE AND SUBMIT AN ENTRY: To enter this contest (“Contest”), you are required to submit an entry (“entry”) via Instagram, with the hashtag #bluetifulshot and #contest. Entrants must also be following @littlebluedynamos and @foodheavenshow AND tag both in caption to be entered. All entries must include all these requirements to be eligible. Each individual may enter the contest only once per image, but may create an additional entry the following day with an additional blueberry image taken at the blueberry FNCE booth. In entering the contest and agreeing to these terms and conditions, you are granting consent for the collection of this information. Your personal information will not be shared with any parties other than the Sponsor of the contest.
- ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, each entrant warrants and represents that the Entry: (a) is original to the entrant; (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party; and (c) does not violate any law or regulation.
- SPONSOR’S RIGHTS TO ENTRIES: By submitting an Entry, you agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Entry infringes any of the entrant’s rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
- SELECTION OF WINNERS: At or about 9:00AM CST on Tuesday, October 24th, 2017, the favorite #bluetifulshot user-submitted blueberry photo will be chosen as the winner at the Sponsor’s discretion through a panel of judges (“Judges”), including Food Heaven Made Easy (“Partner Judges”). The criteria (“Criteria”) for which the photos are being judged are equality weighted for originality, creativity and clarity of photo. Partner Judges and/or Sponsor will attempt to notify the winner via the platform submitted (Instagram) by noon CST on Tuesday, October 24th, 2017. The winner will be announced on Instagram and Twitter, unless there is a delay in the winner claiming their prize, in which case, the announcement will be made within two (2) days of the new winner confirming their prize.
- REQUIREMENTS OF A POTENTIAL WINNERS: Except where prohibited, a potential winner may be required to sign and return an affidavit of eligibility, and a liability/publicity release. Documents must be signed, notarized, and returned to the Sponsor within five (5) days of being notified. If a potential winner fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place according to the criteria set forth above.
- PRIZE: The winner will receive a $200 VISA gift card, Table Top Photography Studio Box Kit and a signed copy of 28 Day Plant-Powered Health Reboot (APV $270). Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any and all other costs and expenses not listed above. Prizes may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize.
- PRIVACY AND PUBLICITY: Except where prohibited, participation in the Contest constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, photography, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
- GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to, fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online Entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to 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 email address.
- RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor and Partner Judges, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury, death, or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Contest or receipt of any prize. The entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering, if any, and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. The entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in Sacramento County, California, U.S.A.; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of California, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.
- CONTEST RESULTS: To request a winner’s list, send an email to email@example.com. Requests must be received within four (4) weeks of the end of the Entry Period.