Wyman’s of Maine Wildflower Sweepstakes

 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN.

VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND

POSSESSIONS AND WHERE PROHIBITED BY LAW.

 

1. Description: The Wyman’s of Maine Wildflower Sweepstakes (“Sweepstakes”) begins at 12:00:01 a.m. Eastern Time (“ET”) on July 8, 2015 and ends in conjunction with availability of the wildflower seed supply (“Sweepstakes Period”).

2. Eligibility: The Wyman’s of Maine Wildflower Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the fifty (50) states of the U.S. and the District of Columbia (“D.C.”), (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions), who are physically located and residing therein and who are 18 years of age or older as of the date of entry. Entrants must also have either a valid Social Security number and/or valid U.S. personal tax identification number. Employees of Wyman’s of Maine (“Sponsor”) and any of their affiliated entities, Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, licensees, vendors, web and hosting providers, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.

3. How to Enter: In order to participate in Sweepstakes, participants can visit the Sweepstakes website located at www.nobeesnoberries.com, and click on the “GET WILDFLOWER SEEDS” button to fill out the entry registration form that consists of the following: complete first and last name, street address, city, state, zip code, valid email address, and confirmation that entrant is eighteen (18) years of age or older. All required Registration Information must be completed in full and must be accurate, current, true and valid. The Registration Information must match the information of the participant who completed the act of physically entering the Sweepstakes. If a participant is a resident of Alabama or Nebraska who is between 18-19 years of age or is a resident of Mississippi who is between 18-21 years of age, he/she will be deemed a minor (“Minor”) and must obtain parental/legal guardian consent prior to entering the Sweepstakes or submitting any personally identifiable information. Entries in excess of the stated limits will be disqualified. Any attempted form of Entry other than as described herein is void. All required Registration Information must be completed in full. Proof of submitting or receipt of an Entry will not be deemed by Sponsor as proof of Entry. Participants can only enter and participate in the Sweepstakes under one (1) email address. Once an email address is entered by a participant, that email address cannot be used by any other person at the Website. Only the participant entering under a particular email address and who physically completed that act of submitting his/her Entry, may participate in the Sweepstakes. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. THE WEBSITE MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS THE WEBSITE AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.

4. Prizes/Odds of Winning: One (1) prize will be awarded: the prize winner will receive a year supply of Wyman’s frozen fruit (each month, for twelve (12) months, Wyman’s will send two (2) three-pound or two-pound bags (at Wyman’s discretion) of their frozen fruit to the winner’s address – Wyman’s will send any of their three-pound or two-pound bag varieties each month, which could include: a bag of Wild Blueberries, a bag of Strawberries, a bag of Cherries, a bag mixed of Strawberries + Blueberries + Cherries + Kale, a bag of Triple Berry Blend, a bag of Blueberries, Strawberries and Mangos, and/or a bag of Mango Chunks). Approximate Retail Value “ARV” of the prize: $360 plus shipping and handling. Odds of winning a prize depend upon the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) prize per person/per household/per email address No cash equivalent for a prize will be available. Prizes are not transferable. However, Sponsor may, in its sole discretion choose to substitute a prize of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion to replace any merchandise with a newer model or version of same; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. Additional prize restrictions/conditions may apply. Prize(s) will not be replaced if lost or stolen. Prize notifications, documentation and prize shipments will be sent to a U.S. address only within the fifty (50) states of the U.S. or D.C. Any depictions of prizes are for illustrative purposes only. All federal, state, local or other taxes including, without limitation, income taxes are the sole responsibility of each winner (if applicable). If a winner is a resident of a jurisdiction that deems him/her to be a minor, prize will be awarded in the name of his/her parent/legal guardian. If a winner cannot or does not accept his/her prize as stated in these Official Rules, prize will be forfeited in its entirety, and awarded to an alternate winner. Sweepstakes Entities are not responsible for delays in delivery of prize(s). Sweepstakes administrator is not the supplier or guarantor of any prizes.

5. Drawing and Notification of Winners: A potential winner will be randomly selected from among all eligible Entries received in a drawing conducted by the Sweepstakes administrator located in Boston, Massachusetts on within two (2) days of the final supply of wildflower seeds being given away. On or about one (1) day after the Drawing Date, Sponsor’s designee will notify the potential winner of his/her potential winning status through the email address that the winner provided during the entry process. The Sweepstakes administrator will attempt to reach the potential winner by email within two (2) business days. If a potential winner does not reply to the Sweepstakes administrator within forty eight (48) hours; if he/she does not provide his/her required information for prize fulfillment purposes; if he/she does not comply with these Official Rules; if his/her prize or prize documentation is returned as undeliverable, potential winner(s) will be disqualified and an alternate potential winner will be selected.

6. General Conditions: Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively “Rules and Laws”). Official Rules will be posted at the Website during the Sweepstakes Period. By entering, each participant (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) attests to the provisions stated therein including compliance with these Official Rules. By entering this Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are binding and final in all respects. By accepting a prize, each winner attests to the authenticity of his/her winning Entry. Entry and/or acceptance of a prize constitutes permission for the Sponsor to: use winner’s name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Website), in perpetuity, without further notice to or compensation in connection with said Sweepstakes, and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries it sees fit and without any notice or compensation to entrant or any third parties. Any person attempting to defraud or tamper with the Sweepstakes will be subject to prosecution and is thereby ineligible. If, for any reason, the Sweepstakes is not capable of running as originally planned (as determined by Sponsor), Sponsor reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the drawing from among all salvageable eligible Sweepstakes Entries received as of the termination date in the sole discretion of Sponsor and notice of such will be posted on Sponsor's Website.

7. Disclaimers: Sweepstakes Entities are not responsible or liable for, and will deem ineligible, multiple Entries in excess of the stated limit. Entries that are entered by other than human means or mass Entries (such as by an automated computer program or any non-human mechanism, entity, or device), or Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules will be disqualified. The decisions of the Sponsor and Sponsor's representatives are final and binding in all respects. Entrants agree that Sweepstakes Entities are not responsible or liable for human error; Incorrect or inaccurate transcription of Entry Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access Sweepstakes, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities. By entering, entrants and prize winner(s) further agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, or participation in the Sweepstakes or any Sweepstakes-related activity, or other company, or any other persons providing any of the components of a prize for a winner due to reasons beyond Sponsor and/or Sweepstakes Entities control. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF MASSACHUSETTS. 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 MASSACHUSETTS. ALL PROCEEDINGS BROUGHT PURSUANT WILL BE CONDUCTED IN THE STATE OF MASSACHUSETTS. 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. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Sponsor: This promotion is sponsored by Wyman’s of Maine, 7 Wyman Road, Milbridge, Maine 04658.