Pinterest Print

ff_tacklegameday_logo_1_r2-2FOSTER FARMS GAME DAY SWEEPSTAKES

OFFICIAL RULES

These Official Rules apply to the “Foster Farms Game Day Sweepstakes” (“Sweepstakes”). The Sweepstakes begins on September 17, 2016 at 12:00:00 AM Pacific Daylight Savings Time (“PDT”) and ends on November 27, 2016 at 11:59:59 PM Pacific Standard Time (“PST”) (“Sweepstakes Period”).

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Sweepstakes, each entrant waives, discharges and releases Facebook, Twitter and Instagram from any and all liability associated with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Facebook, Twitter or Instagram.

  1. ELIGIBILITY: SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ARIZONA, CALIFORNIA, COLORADO, INDIANA, MICHIGAN, NEVADA, OHIO, OREGON, UTAH AND WASHINGTON WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID OUTSIDE ARIZONA, CALIFORNIA, COLORADO, INDIANA, MICHIGAN, NEVADA, OHIO, OREGON, UTAH AND WASHINGTON AND WHERE PROHIBITED BY LAW. SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Foster Farms (the “Sponsor”), Centra Marketing & Communications LLC d/b/a Centra360 (“Sweepstakes Administrator”), and each of its subsidiaries, affiliates, distributors, wholesalers, retailers, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the “Related Entities”), and their  immediate family members (mother, father, brothers, sisters, sons, daughters, spouse, step-parents, step-children and step-siblings regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter this Sweepstakes or  win a prize. All federal, state and local laws and regulations apply.

 

  1. TEN (10) WEEKLY ENTRY PERIODS: During the Sweepstakes Period there are a total of ten (10) weekly entry periods. Each weekly entry period begins at 12:00:00 am PDT/PST on the Weekly Entry Period Start Date and ends at 11:59:59 pm PDT/PST on the Weekly Entry Period End Date as described below (each a “Weekly Entry Period”).

 calendar

  1. THREE (3) WAYS TO ENTER: To enter the Sweepstakes: (A) VIA FACEBOOK.COM/FOSTERFARMS: During a Weekly Entry Period, have an active and non-protected Facebook account or sign up for a free Facebook account at facebook.com; (ii) access the Sponsor’s timeline at facebook.com/fosterfarms; and (iii) post an original Video or Photograph which demonstrates what Foster Farms products you prepare and eat during Game Day using the hashtag #FosterFarmsGamedaySweepstakes. Each entrant is limited to one (1) Entry per person/Facebook account per day during each Weekly Entry Period and each Entry posted must be different. By submitting an Entry via Facebook.com/FosterFarms, each entrant consents to receive from the Sponsor an e-mail, Facebook message request or Facebook direct message, as applicable, notifying such entrant that he/she is a potential prize winner. Entries posted by a protected Facebook account will not be recognized; (B) VIA TWITTER: During a Weekly Entry Period, (i) have an active and non-protected Twitter account or sign up for a free Twitter account at www.twitter.com; (ii) Follow @FosterFarms; and (iii) post an original Video or Photograph which demonstrates what Foster Farms products you prepare and eat during Game Day using the hashtag #FosterFarmsGamedaySweepstakes. Each entrant is limited to one (1) Entry per person/Twitter account per day during each Weekly Entry Period and each Entry posted must be different. By submitting an Entry via Twitter.com, each entrant consents to receive from the Sponsor a reply Twitter message and, if applicable, a Twitter direct message, or e-mail notifying such entrant that he/she is a potential prize winner. Entries posted by a protected twitter account will not be recognized. Entrants via Twitter.com will be required to have a public account in order to accept an eligible Entry hashtag; OR (C) VIA INSTAGRAM: During a Weekly Entry Period, (i) have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com; (ii) Follow @ FosterFarms; and (iii) post an original Video or Photograph which demonstrates what  Foster Farms products you prepare and eat during Game Day using the hashtag #FosterFarmsGamedaySweepstakes. Each entrant is limited to one (1) Entry per person/Instagram account per day during each Weekly Entry Period and each Entry posted must be different. By submitting an Entry via Instagram.com, each entrant consents to receive from the Sponsor an Instagram comment to the message you submitted and, if applicable, an e-mail notifying such entrant that he/she is a potential prize winner. Entries posted by a private Instagram account will not be recognized. Entrants via Instagram will be required to have a public account in order to accept an eligible Entry hashtag. (A, B and C stated herein are individually referred to as “Entry” and collectively as “Entries”). Use of hashtag #FosterFarmsGamedaySweepstakes is required for Entry and constitutes as entrants agreement to these Official Rules. YOU MAY ALSO ENTER THE SWEEPSTAKES WITHOUT FEATURING ANY FOSTER FARMS PRODUCT IN THE VIDEO OR PHOTOGRAPH THAT YOU SUBMIT. Entrants must have internet access and a valid Facebook account, Twitter account and/or Instagram account at the time of entry in order to participate. Videos cannot exceed two (2) minutes in length. No previously published Videos or Photographs or award-winning Videos or Photographs will qualify as an Entry. Duplicate Entries or multiple Entries made by an entrant in excess of the number allowed will be disqualified.

 

Entries may not contain, as determined by Sponsor’s sole discretion, any content that:

 

Sponsor reserves the right to monitor Entries prior to posting them on Sponsor’s social media platforms, including but not limited to Facebook, Twitter or Instagram. By entering this Sweepstakes, each entrant acknowledges that his/her  Entry may be posted at Sponsor’s website or social media platforms, including but not limited to Facebook, Twitter or Instagram in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry submitted by any entrant. The use of an Entry by Sponsor or any Related Entity does not have any effect on the judging process or winner selection process. Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By entering the Sweepstakes, each entrant grants Sponsor and the Related Entities a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the entrant, except where prohibited by law. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that your Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. If you post updates to or receive updates from Facebook, Twitter or Instagram via SMS from your wireless phone, your wireless-service provider may charge for each text message sent and received and entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules, the decisions of the Sponsor and Related Entities, and the Sponsor’s Privacy Policy available at https://www.fosterfarms.com/site-policies/; Facebook’s Privacy Policy, Twitter’s Privacy Policy and Instagram Privacy Policy.  Sweepstakes entrants agree to be bound by the terms of these Official Rules and by the decisions of the Sponsor, which are final and binding on all matters pertaining to this Sweepstakes.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT: Once a Submission is entered into the Sweepstakes, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.

 

  1. SELECTION OF WEEKLY WINNERS/RANDOM DRAWINGS/ODDS OF WINNING: One (1) potential Weekly Prize Winner will be selected in a Weekly Random Drawing from among all eligible Entries received during that corresponding Weekly Entry Period. A total of ten (10) Weekly Winners will be selected among the ten (10) Weekly Random Drawings conducted. Each Weekly Random Drawing will be conducted on the dates stated in Paragraph #2. Odds of winning depend upon the number of eligible Entries received during each Weekly Entry Period. Each Weekly Random Drawing will be conducted by an independent judging organization. A Weekly Prize may not be awarded in the event an insufficient number of eligible Entries are received during a corresponding Weekly Entry Period at Sponsor’s sole discretion. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules.

 

TEN (10) WEEKLY PRIZES: Ten (10) Winners will each receive one (1) one hundred dollar ($100) Supermarket Retailer Gift Card of Winner’s Choice, subject to availability. The approximate retail value (“ARV”) of each Weekly Prize: $100.  Total ARV of all Weekly Prizes: $1,000. Supermarket Retailer Gift cards are subject to terms and conditions thereon, as set forth by gift card provider. Sponsor is not responsible for lost or stolen gift card or for any unused portion of gift card. In the event a gift card selected by a weekly prize winner is not available, for any reason, Sponsor will substitute a gift card to a local supermarket nearest the weekly prize winner’s residence, at Sponsor’s sole discretion. Limit one (1) Weekly Prize per household.

 

  1. GRAND PRIZE AND FIRST PRIZE RANDOM DRAWING: All eligible Entries received during the Sweepstakes Period will be combined and one (1) potential Grand Prize Winner and one (1) potential First Prize Winner will be selected in a Random Drawing. The Grand Prize and First Prize Random Drawing will be conducted on or about November 30, 2016 by an independent judging organization. Odds of winning depend upon the number of eligible Entries received during the Sweepstakes Period.

 

ONE (1) FIRST PRIZE: One (1) Winner will receive one (1) check made payable to the First Prize Winner’s order in the amount of one thousand dollars ($1,000) to be used to cater a party during the Foster Farms Bowl Game scheduled on December 28, 2016. First Prize Winner will be solely responsible for all food, beverages, serving pieces, rental equipment, venue, set up and clean up staff, and any incidental expenses required to host the catered party. ARV of First Prize: $1,000.

 

  1. ONE (1) GRAND PRIZE: One (1) Winner will receive one (1) trip for Grand Prize Winner and up to three (3) guests to attend the 2016 Foster Farms Bowl Game scheduled to take place at Levi Stadium in Santa Clara California on December 28, 2016. The trip consists of: (i) round-trip, economy class air transportation for the Grand Prize Winner and guests from the major commercial airport nearest Grand Prize Winner’s residence to either Oakland, California or San Francisco, California as designated by Sponsor; (ii) hotel accommodations for two (2) nights (two (2) standard double occupancy rooms, room and tax only) at a hotel designated by Sponsor; (iii) use of one (1) full size rental car for three (3) days at a car rental location designated by Sponsor (certain restrictions apply); (iv) one (1) tour of Levi Stadium for Grand Prize Winner and guests; (v) four (4) tickets to the 2016 Foster Farms Bowl Game on December 28, 2016; and (vi) admission to a Pre-Game Tailgate party designated by Sponsor (i, ii, iii, iv, v and vi collectively, “Grand Prize Trip”). ARV of Grand Prize: up to $10,000. The ARV of the Grand Prize Trip may vary depending upon the point of departure and/or airline fare fluctuations. Any difference between stated ARV and actual ARV of the Grand Prize Trip will not be awarded. All Grand Prize Trip details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Stadium Seating will be designated by Sponsor. Selection of the airline, departure airport and arrival airport are solely within Sponsor’s sole discretion. Grand Prize Winner and Guests must depart on December 27, 2016 and return on December 29, 2016 as designated by Sponsor or Grand Prize Winner forfeits the Grand Prize. In the event, for whatever reason the 2016 Foster Farms Bowl Game scheduled for December 28, 2016 is cancelled or postponed prior to the winner’s travel departure or during the Grand Prize trip, the four (4) tickets to the 2016 Foster Farm Bowl Game, Tour of Levi Stadium and admission to a Pre-Game Tailgate party will not be provided and no additional compensation will be provided. Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize Trip description herein, including but not limited to, all ground transportation not stated herein, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), meals, beverages, gratuities, gasoline, parking, tolls, souvenirs, insurance, travel upgrades, baggage fees, and personal incidentals.Grand Prize Winner will be required to provide a valid credit card at the time of hotel check-in and will be solely responsible for any and all charges to Grand Prize Winner’s hotel rooms during his/her Trip. Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, rental car inspection charges, and security charges. Once issued, airline tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. In the event the Grand Prize Winner resides within one hundred (100) miles from Santa Clara, California, Sponsor will provide round-trip ground transportation between Grand Prize Winner’s residence and Santa Clara, California at the sole discretion of the Sponsor and the difference in value between the round-trip air transportation and the round-trip ground transportation will not be provided to the Grand Prize Winner. Travel arrangements must be made through Sponsor and travel dates and arrangements are subject to air travel, holiday, blackout dates, availability and other prize and travel restrictions. All Grand Prize elements must be redeemed at the same time. Guests must execute liability/publicity releases prior to issuance of travel documents. Grand Prize Winner and his/her Guests must travel on the same itinerary. In the event a Guest is considered a minor, that Guest must travel with a parent or legal guardian on the trip. Guest’s parent or legal guardian will be solely responsible for any costs incurred as a result of a parent or legal guardian traveling with a Guest, if required. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability may vary, and material restrictions may apply. Grand Prize Winner and each guest will be solely responsible for obtaining a valid U.S. Government issued identification prior to travel and any associated costs for these requirements. Sponsor and Travel Providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers, such as changes in services or accommodations necessitated by same. Sponsor and Travel Providers shall not be liable for any loss or damage to baggage or other items. If the Grand Prize Winner is unable to or cannot otherwise fully enjoy the prize due to any reason, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of that Grand Prize award, and no other compensation in lieu of that Grand Prize will be awarded.  Grand Prize Winner and guests are responsible for obtaining their own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.

 

Total ARV of all Prizes awarded: up to $12,000. Each Prize Winner may not choose the cash value in lieu of a prize. No cash substitution, assignment, or transfer of any Prize (or any portion thereof) permitted. In the event an advertised prize is unavailable for any reason, Sponsor reserves the right, at its sole discretion, to substitute a prize of equal or greater value.  PRIZES ARE AWARDED AS IS” AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED. All prize winners are solely responsible for any and all federal, state and local taxes on any prize awarded.

 

  1. WINNER NOTIFICATIONS: Potential prize winners will be notified via email, Facebook message request and, if applicable, Facebook direct message or Twitter message and, if applicable, a Twitter direct message or an Instagram comment to the Video or Photograph posted within four (4) hours after the corresponding Random Drawing takes place. Potential prize winners will be required to provide Sweepstakes Administrator with a valid email address within twenty-four (24) hours from date and time of the winner notification or that potential prize winner may be disqualified. Sponsor will make two (2) attempts to notify a potential prize winner. In the event a potential prize winner does not respond to any such Prize Notification within twenty-four (24) hours of the date of issuance, or declines the prize for any reason, a disqualification will result, and prize will be forfeited and, at Sponsor’s sole discretion, an alternate potential prize winner will be randomly selected from among all remaining eligible Entries received for that corresponding Random Drawing. Potential Grand Prize Winner and potential First Prize Winner will be required to complete, have notarized, and return an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release, within three (3) days of date of issuance. Each Weekly Prize Winner will be required to complete and return a Prize Verification form and, unless prohibited by law, a Publicity Release, within three (3) days of date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of a prize (or any portion thereof) or prize notification as undeliverable may result in disqualification and prize forfeiture and, at Sponsor’s sole discretion and may cause an alternate potential Prize Winner to be randomly selected from among all remaining eligible entries received, or if it relates to the Grand Prize Winner, an alternate Grand Prize Winner will be randomly selected from among all remaining eligible entries received providing there is sufficient time prior to the Grand Prize Trip designated dates.

 

  1. WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes 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 their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage 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). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by the Sponsor, and/or Sweepstakes 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.

 

  1. GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, incorrect, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, misaddressed, undelivered, mutilated or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any social media site, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; any error, omission, interruption, defect or delay in transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of a prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor, and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning a prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the prize winners and award the prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

 

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE ANY ENTRY ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSORAND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. 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 Nevada 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 PROMOTION, 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.

 

  1. 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 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 “Binding Arbitration” Section 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 Dublin.

 

  1. WINNERS LIST: To obtain a Winners List (available after December 26, 2016), send a self-addressed stamped envelope to be received by January 31, 2017 to: Foster Farms Game Day Sweepstakes Winners c/o Centra360, 1400 Old Country Rd. #420, Westbury, NY 11590. Vermont residents do not need to affix return postage.

 

  1. SPONSOR: The Sponsor of this Sweepstakes is the Foster Farms, 4160 Dublin Boulevard, Dublin, California, 94568.

 

NATURE OF SPONSOR’S BUSINESS: Manufacturer and distributor of food products.

© 2016 Foster Farms. All rights reserved.