BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS (AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Perfect Summeripe Peach Giveaway
(the “Promotion”) is open only to individuals who are legal residents of the United States, the District of Columbia, or Puerto Rico, aged 18 or over at the time of entry. Employees, officers and directors of Sysco Corporation (“Sponsor”), its parent, subsidiaries and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Promotion Entities”), and each of such employees’, officers’, and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Promotion or win a prize. Void where prohibited by law. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Entry Period. The Promotion begins on or about 12:01 a.m. Central Time on August 23, 2021 and all entries must be received by the Sponsor on or before 11:59 p.m. Central Time on Oct. 1, 2021 (the “Entry Period”).
Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the Instagram account, provided that person is eligible. Winner may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.
4. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Website (if applicable), each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum. Submissions must not infringe on the intellectual property rights of any other person or entity. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party (e.g., family members, friends or others) other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
5. Winner Selection and Prize Claiming. There will be a total of ten (10) winners selected in this Promotion. The potential winner(s) will be selected through a random drawing on or about (i) Oct. 1, 2021. During the drawing, twenty (10) potential winners will be selected. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.
6. Odds. Odds of winning will depend upon the total number of eligible entries received.
7. Prize(s) and Values. Each winner will receive a Mountain View Gift Basket and two winners will receive a bonus gift that include a polo shirt. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“$140”) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. The total ARV of all of the prize(s) awarded in this Promotion is $1400 .
8. Publicity Release. Subject to applicable law, winner(s) irrevocably grant the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize(s) to the winner(s). Entrants agree not to issue any publicity concerning the Promotion Entities.
9. Waivers, Disclaimers and Releases. By participating in the Promotion, entrant agrees to release, discharge and hold harmless the Promotion Entities and Instagramand each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Promotion and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Promotion; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity and/or prize).
10. Entry Information and Promotion Communications. As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list.
11. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
By entering the promotion, entrant agrees that to the extent permitted by applicable law: (a) 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, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any) not to exceed ten dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable; (c) 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 not to exceed ten dollars ($10.00), and/or any rights to have damages multiplied or otherwise increased; and (d) entrants’ 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 you.
12. List of Promotion Winner(s)/Official Rules Requests. To receive the name of the winner, send an email to firstname.lastname@example.org before October 30, 2021, requesting the name of the winner. Please put “Winner List for The Perfect Summeripe Peach Giveaway” in the subject line.