NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: “Jeff’s Garden Fresh Start Giveaway” (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are twenty-one (21) years of age or older at the time of entry. Employees of Jeff’s Garden (“Sponsor”) and these entities, parent companies, subsidiaries, affiliates, related companies and advertising and promotion agencies, and each of their respective officers, directors, employees and agents and assigns (collectively, “Released Parties”) and the families and/or household members of each of the above are not eligible to enter the Sweepstakes or win a prize. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void outside the United States, the District of Columbia and wherever prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. SPONSOR: The Sponsor is Jeff’s Garden, 105 Mezzetta Court American Canyon, CA 94503.
SWEEPSTAKES PERIOD: The Sweepstakes will start at 12:00:00 PM Eastern Daylight Savings Time (“EDT”) on October 1, 2016 and will end at 11:59:59 PM EDT on December 17, 2016 (“Sweepstakes Period”).
RANDOM DRAWING/SELECTION OF WINNER: One (1) Random Drawing will be conducted on or about December 17, 2016 from among all eligible Entries received to select one (1) potential Grand Prize Winner. The random drawing will be conducted by Sweepstakes Administrator whose decisions on all matters relating to this Sweepstakes are final and binding. Odds of winning a prize depend on the total number of eligible Entries received.
Notification OF WINNERS/Releases: Potential Grand Prize Winner will be notified via the email address submitted at the time of entry on or about December 20, 2016. Potential Grand Prize Winner may be required to complete and return to Sweepstakes Administrator an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within three (3) business days of notification. Potential prize winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Sweepstakes Administrator within the specified time period; ii) if the prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event the potential Grand Prize winner is disqualified for any reason, Sponsor will award that Prize to an alternate potential Prize Winner selected in a random drawing from among all remaining eligible Entries received.
ONE (1) GRAND PRIZE: One (1) Winner will receive one (1) $500 gift card to a local natural food store of the winner’s choice, one (1) Paderno 4-Blade Spiralizer, one (1) Spiralizer 2.0 Cookbook, one (1) Gluten Free Fork cookbook and a shipment of an assortment of Jeff’s Garden all-natural olives, peppers, capers and sun-dried tomatoes. The approximate retail value (“ARV”) of the Grand Prize: up to $650. The ARV of the Grand Prize is determined as of date of printing of these Official Rules. The difference in value of the Grand Prize as stated herein and the value at time of prize notification, if any, will not be awarded. Grand Prize is not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Grand Prize may not be transferred to another individual. Grand Prize is taxable income to the winner and Grand Prize Winner will be responsible for all taxes and fees associated with prize receipt and/or use.
RELEASE: By receipt of the prize, Grand Prize Winner agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize and/or use of the Content.
PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, state, submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
LIMITATIONS OF LIABILITY: 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, shall determine a winner in a manner deemed fair and equitable by Sponsor. No more than the stated number of prizes will be awarded.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
GOVERNING LAW & JURISDICTION: The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
NAME OF WINNER/OFFICIAL RULES: To obtain a the name of the Grand Prize Winner (available after January 1, 2017) or a copy of these Official Rules, send a self-addressed, stamped #10 envelope to: Jeff’s Garden Fresh Start Giveaway,105 Mezzetta Court American Canyon, CA 94503. Please specify “Winner’s List” OR “Official Rules” on the outer envelope. All requests must be received by January 31, 2017.