2016 Valley Fig Growers Sweepstakes Official Rules

NO PURCHASE NECESSARY. Void where prohibited. Sweepstakes begins at begins at 12:01am PDT on 10/17/16 and ends at 11:59pm PDT on 10/21/16 Open to legal residents of 49 of the 50 U.S. states & D.C. (void in Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations), 18 or older (or age of majority in jurisdiction of residence, whichever is older) with active email account and Internet access as of 10/16/16. Odds of winning dependent upon total number of eligible entries received. One grand prize: one 8 oz. bag of Valley Fig Growers golden figs, one 8 oz. bag of Valley Fig Growers mission figs, and one jar of each of the following Valley Fig Growers fig spreads (mission fig, orange, balsamic pepper, and port wine). TOTAL ARV (Approximate Retail Value): $35.00 USD. See full Official Rules for complete prize details and retail values. Sponsor: Miss Cheesemonger.

To participate in this Sweepstakes (defined below), you must agree to and abide by these Official Rules.

 

OFFICIAL RULES:

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. You must have access to the Internet and a valid email address to participate. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED BELOW.

1. Sponsor: MISS CHEESEMONGER (“Miss Cheesemonger”, “Sponsor”), 3740 Fillmore St. #205, San Francisco, CA, 94123.
2. Eligibility: The “Miss Cheesemonger Valley Fig Growers” (“Sweepstakes”) is open only to persons who are legal residents of forty-nine (49) of the fifty (50) United States and the District of Columbia (void in Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations), who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and who have an active email account and Internet access as of October 16, 2016. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Miss Cheesemonger and all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, sales representatives, distributors, contractors, vendors, licensees or agents, and each of their respective officers, directors and employees (all of the foregoing collectively, the “Sweepstakes Entities”),  as well as persons involved in the creation, development or production of Valley Fig Growers products, and immediate family and household members of such individuals, are not eligible to enter or win the prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of U.S. residency upon request prior to prize award. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these “Official Rules” and the decisions of Miss Cheesemonger, which are final and binding in all respects.
3. Sweepstakes Entry:The Sweepstakes begins 12:01am PDT on October 17, 2016, and ends at 11:59 p.m. PDT on October 21, 2016 (“Promotion Period” or “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes.

INSTRUCTIONS FOR ENTRY: During the Sweepstakes Period you will be automatically entered into the Sweepstakes when you give your first name, email address, and check whether or not you would like to be added to Miss Cheesemonger’s mailing list and partners (Valley Fig Growers, Cheese, Sex Death, Jacolyn Murphy, The Snobby Foodie) mailing lists through the webpage: http://www.misscheesemonger.com/a-blogger-cheese-fig-party/ (“Entry”). You may enter the Sweepstakes once.

Entries will be deemed submitted by the authorized account holder of the account or e-mail address through which the entry was submitted.  Illegible, late, lost, incomplete, or garbled entries are not eligible. 

Use of automated/programmed/robotic means of submitting an Entry or other artifice or device to participate in the Sweepstakes is prohibited and any Entry submitted/received using such means will be voided and the individual disqualified from participation in the Sweepstakes and perhaps other sweepstakes, contests or promotions sponsored by Miss Cheesemonger. Use of automated/programmed/robotic means of obtaining an Entry is also prohibited and any Entry received using such means will be voided and the individual disqualified from participation in the Sweepstakes and perhaps other sweepstakes, contests or promotions sponsored by Miss Cheesemonger. Miss Cheesemonger will not be responsible for any late, lost, stolen, incomplete, illegible, garbled, corrupted, inaccessible or misdirected Entry not received or recorded for any reason; and, any such Entry is void.

You may enter this Sweepstakes during the Promotion Period, and/or any other sweepstakes, contest(s) or promotions sponsored by Miss Cheesemonger, but you may only win one (1) Grand Prize from Miss Cheesemonger within any sixty (60) day period.

1. Publicity: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and the Winner (defined below) by accepting a Prize (defined below) grants to the Sweepstakes Entities all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s entry and submission, including name, email, city, state and biographical material, where applicable (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
2. Random Drawings: ONE (1) Grand Prize winner (“Grand Prize Winner”) will be selected on or about 10/22/16 after the close of the Promotion Period in a random drawing from among all eligible Entries received during the Promotion Period. Random Drawing will be conducted by Sponsor, whose decisions are final and binding on all matters related to the Sweepstakes.
3. Winner Notification:Potential Grand Prize Winner will be notified by Sponsor on or about 10/25/16 after the close of the Promotion Period and after the Sweepstakes random drawing has been held via email to the email address included in the potential winner’s Entry. If a potential Winner does not reply to such notification by 10/27/16 and/or if the email notification is returned as undeliverable after two (2) attempts, such potential Winner may be disqualified and an alternate potential Winner will be selected from all remaining eligible Entries received during the Promotion Period. Potential Winners may be required, if applicable, to complete, sign, have notarized and return within five (5) business days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, and, where imposing such conditions is legal, a Publicity Release (collectively, “Winner Documents”). If Winner Documents are not returned to Sponsor within the specified time period, or if any potential winner is found to be ineligible or otherwise not in compliance with these Official Rules or declines a prize for any reason prior to award, prize may be forfeited and potential Winner may be disqualified. If a potential Winner is disqualified for any reason, prize may be awarded to an alternate potential Winner selected from all remaining eligible Entries received during the Promotion Period. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

Miss Cheesemonger is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes by means of a random drawing comprised of all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prizes in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes, if any, will be posted on www.misscheesemonger.com.   No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, Entries (including the inaccurate or incomplete recordation of Entries); or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes.

Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 

1. Prize, Approximate Retail Value (“ARV”) and Odds of Winning:

There will be one (1) Grand Prize (“Grand Prize”) awarded in this Sweepstakes. Grand Prize may be referred to individually or collectively herein as “Prize” or “Prizes.”

Grand Prize: ONE (1) Grand Prize will be awarded to the Grand Prize Winner in this Sweepstakes.  Grand Prizes shall consist of: one 8 oz. bag of golden figs, one 8 oz. bag of mission figs, one of each flavor fig spread (mission fig, balsamic pepper, port wine, orange). TOTAL ARV (Approximate Retail Value): $35.00 USD. Additionally, the shipping costs of sending the Grand Prize to the Grand Prize Winner will be borne by Valley Fig Growers.

TOTAL ARV OF ALL PRIZES TO BE AWARDED IN THIS SWEEPSTAKES thirty five dollars (ARV $35.00 USD).

Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with this Sweepstakes. All expenses not specifically mentioned herein are not included as part of the Prize, and are solely Winner’s responsibility, including any applicable service fees. Prizes are not redeemable for cash except as required by law.  Prizes are not transferable, except to a surviving spouse residing in the same household. Winner is not entitled to exchange or transfer prizes or to obtain cash or other substitutes, except Miss Cheesemonger reserves the right to substitute prize(s) or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. A Prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. All Federal, state and local taxes on a Prize, and other expenses related to accepting and/or using a Prize not listed in these Official Rules are the responsibility of each Winner, who will receive a Form 1099 reflecting the actual retail value of the Prize in the year it was won, if applicable. The Prizes will be awarded provided they are validly claimed by 10/30/16, after which no alternate winners will be selected, nor unclaimed prizes awarded.  All expenses not specifically mentioned herein are not included as part of the Prize, and are solely Winner’s responsibility, including any applicable service fees.  Each Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to Winner. The Prizes will be shipped only to an address in the United States.  No portion of the Prizes will be replaced if lost or stolen. Any difference between actual value and stated ARV will not be awarded.

PRIZES ARE AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER OR GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE TRAVEL AND/OR ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.

1. Conditions and Limitations of Liability: By entering and participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By entering this Sweepstakes entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. By participating in this Sweepstakes, entrants agree, for themselves and for their heirs, executors and administrator(s), (a) to release, defend, and hold harmless Sponsors and each of their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (all such individuals and entities collectively referred to herein as the “Released Parties“) from any and all actions, claims, liability, damage, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of any prize (including any travel related thereto), (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and/or any Sweepstakes related activity, and (c) to hereby acknowledge that Released Parties have neither 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 express warranties provided exclusively by Prize suppliers that are sent along with Prizes. By entering, entrants also authorize the Released Parties to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Force Majeure: The failure of the Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Released Parties (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. Failure to comply with these conditions may result in disqualification from the Sweepstakes in Sponsors’ sole discretion.
2. BINDING ARBITRATION OF DISPUTES: We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have related to this Sweepstakes or your interactions with the Sponsor. Therefore, pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding the Sweepstakes, a Prize, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction (collectively, “Miss Cheesemonger Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Sweepstakes or engaging in any other Miss Cheesemonger Transactions or Relationships, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by entering the Sweepstakes or engaging in any other Miss Cheesemonger Transactions or Relationships, you agree that any complaint, dispute, or disagreement you may have against the Sponsor, and any claim that the Sponsor may have against you, arising out of, relating to, or connected in any way with the Sweepstakes, the Prizes, these Official Rules, or any Miss Cheesemonger Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, the Sponsor agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this provision, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. You further agree that:

1. a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and the Sponsor (the “Arbitrator”);
2. b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Official Rules (including these arbitration provisions), including but not limited to any claim that all or any part of the Official Rules is void or voidable;
3. c) the Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and the Sponsor; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
4. d) the Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief, provided, however, that in no event shall either party be entitled to damages in excess of actual damages or to recover punitive, exemplary, consequential, or incidental damages;
5. e) the Arbitration can resolve only your and/or the Sponsor’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
6. f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
7. g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
8. h) in the event you recover an Award greater than the Sponsor’s last written settlement offer, the Arbitrator shall also have the right to include in the Award the Sponsor’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but the Sponsor shall in all events bear its own attorneys’ fees;
9. i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, 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, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Sponsor shall be entitled to arbitrate their dispute, and must instead bring any claims in a state or Federal court of competent jurisdiction located in San Francisco, California; and

(j) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against the Sponsor in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with the Sweepstakes, the Prizes, these Official Rules, our Privacy Policy, or any Miss Cheesemonger Transactions or Relationships will be brought exclusively in the federal or state courts located in San Francisco, California, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

1. Privacy Policy: Information collected from entrant may be shared with Goat Cheeses of France and Culture Magazine, who will use such information in accordance with its own independent online privacy policy. Except as set forth herein, the entry information provided is subject to the Miss Cheesemonger Privacy Policy found at: https://misscheesemonger.com/privacy-policy/
2.   Winners’ List:For winner’s list, send an email to vero@misscheesemonger.com with “Miss Cheesemonger Valley Fig Growers Sweepstakes Winners” in the subject line. All such requests must be received within three (3) months of the end of the Promotion Period.

Valley Fig Growers, and their respective parents, affiliates and subsidiaries are not responsible for the collection, submission or processing of Entries, the administration of the Sweepstakes or the selection of winners.

// End of Official Rules //