1. ELIGIBILITY: The “Foster Farms Buzzer Beaters Instant Win Game” (“Game”) is only open only to individuals who at the time of play are: (i) legal residents of Arizona, California, Colorado, Indiana, Michigan, Nevada, Ohio, Oregon, Texas, Utah and Washington; and (ii) at least eighteen (18) years old. Employees of Foster Farms (“Sponsor”) and their officers and agents of Sponsor and Sponsor’s distributors, wholesalers and retailers, each of their respective authorized licensees, retail licensees, wholesale licensees, each of their respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the immediate family members of each are not eligible to enter or win a prize in the Game. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. The Game is subject to all applicable federal, state, and local laws and regulations and is void outside of Arizona, California, Colorado, Indiana, Michigan, Nevada, Ohio, Oregon, Texas, Utah and Washington and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Game. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: Foster Farms, LLC, 1000 Davis Street, Livingston, CA 95334.
3. TIMING: The Game begins on February 26, 2018 at 12:00:00 am Pacific Standard Time (“PST”) and ends on April 3, 2018 at 11:59:59 pm Pacific Daylight Savings Time (“PDT”) (the “Game Period”).
5. PRIZE NOTIFICATION/ODDS: The potential winners will be notified by email within seventy-two (72) hours from date of winning Play. Odds of winning depend on the number of eligible Entries received and the order in which such Entries are received. Limit one (1) Major Prize per email address or household. All potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then that potential winner will be disqualified and his/her prize may be forfeited. If a prize is won by an eligible entrant who is a minor, that prize will be awarded to minor’s parent or legal guardian, who must sign and return all required documents, if any.
6. ONE HUNDRED FIFTEEN (115) MAJOR PRIZES AND THEIR CORRESPONDING APPROXIMATE RETAIL VALUES (“ARV”): FIVE (5) GRAND PRIZES: Five (5) Winners will each receive one (1) Five Hundred Dollar ($500) Fanatics Gift Code. ARV of each Grand Prize: $500; TEN (10) FIRST PRIZES: Ten (10) Winners will each receive one (1) Two Hundred Fifty Dollar ($250) Fanatics Gift Code. ARV of each First Prize: $250; and ONE HUNDRED (100) SECOND PRIZES: One hundred (100) Winners will each receive one (1) Fifty Dollar ($50) Fanatics Gift Code. ARV of each Second Prize: $50.00. TOTAL ARV OF ALL MAJOR PRIZES: $10,000. The ARV is determined as of the date of printing of these Official Rules. The difference in value of a prize as stated herein and value at time of prize notification, if any, will not be awarded. Sponsor is not responsible for lost, stolen or unused Fanatics Gift Card. Fanatics Gift Card is subject to terms and conditions thereon. Prizes are non-transferable, not redeemable for cash and no substitutions will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Receiving a prize is contingent upon compliance with these Official Rules. Each Winner agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness. Fanatics has not offered or sponsored this Game in any way. Each Prize Winner acknowledges that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Prizes are taxable income to the winners and Winners will be responsible for all taxes and fees associated with prize receipt and/or use.
7. WAIVER OF LIABILITY: By participating in the Game and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor and each of its respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, Administrator, and any and all other companies associated with the Game, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any personal injury, death, or damage to or loss of property, or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of a prize (or any portion thereof) or any travel or activity related to the receipt or use of a prize (or any portion thereof) from and against any claim or cause of action, including, but not limited to, arising out of participation in the Game or receipt or use or misuse of any prize or any item redeemed in connection with a prize.
8. PUBLICITY: By entering this Game, each entrant gives his/her express permission to be contacted by the Sponsor, and/or Game Administrator by telephone, e-mail and/or postal mail for Sweepstakes purposes. Each prize winner, by acceptance of a prize, grants to Sponsor, and each of their respective designees the right to publicize such prize winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by Sponsor.
9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Game, 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 Game, 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 Game 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 Game 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.
10. 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 Game; (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 Game; (4) technical or human error which may occur in the administration of the Game 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 Game or receipt or use or misuse of any prize or any item redeemed in connection with a prize. If for any reason an entrant's Play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Game Play, if it is possible. If, for any reason, the Game is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Game and all remaining prizes not distributed at the time of cancellation, termination or suspension will not be awarded. If due to a computer programming, production, technical, seeding, or other error or reason, more prizes are claimed than intended to be awarded according to Section 6, prizes will be awarded in a random drawing from among all valid prize claims received. No more than the stated number of prizes will be awarded.
11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Game 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 Illinois 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 GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE GAME, 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 GAME, 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.
12. GOVERNING LAW & JURISDICTION: The Official Rules and the Game 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 Game Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Game, 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 12 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 Livingston.
13 LIST OF MAJOR PRIZE WINNERS: To obtain a List of Major Prize Winners (available after April 20, 2018), send a self-addressed stamped envelope to be received by May 31, 2018 to: Foster Farms Buzzer Beaters Game Major Prize Winners c/o Centra360, 1400 Old Country Rd. #417, Westbury, NY 11590. Vermont residents do not need to affix return postage.
NATURE OF SPONSOR'S BUSINESS: Manufacturer and distributor of food products.
© 2018 Foster Farms. All rights reserved.