Diamond of California® Official Rules
Diamond of California® “Advent Calendar” Sweepstakes Official Rules
PRELIMINARY INFORMATION: The Diamond Nuts Advent Calendar Sweepstakes (the “Sweepstakes”) is Sponsored and hosted by Diamond Foods, Inc. (the “Sponsor”).
Begins: 6:00 am Pacific Time (PT) 12/01/16
Ends: 5:59 am PT each day through 12/25/16
(Collectively, the “Sweepstakes Period”).
NO PURCHASE NECESSARY: A purchase will not increase the odds of winning. Odds of winning depend upon the number of eligible entries (as defined below) received during the Sweepstakes Period. Void where prohibited. The Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: The Sweepstakes is open to legal U.S. residents of any of the 50 United States and the District of Columbia, who are 18 years of age or older. Employees of the Sponsor, its affiliates, parents companies and subsidiaries, and each of their respective divisions, affiliates, contractors, subsidiaries, distributors, sales representatives, retailers, and advertising and promotion agencies (collectively, the “Sweepstakes Entities”) and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) and any others engaged in the development, production, execution or distribution of the Sweepstakes are not eligible. Sweepstakes is void in Puerto Rico, U.S. territories and possessions outside of the 50 United States and the District of Columbia, and where restricted or prohibited by law.
HOW TO ENTER: Complete the following required steps in order to receive one (1) entry each day for the daily prize, and up to twenty five (25) entries for the Grand Prize:
1. Visit the Advent Calendar at www.diamondnuts.com/cookie-calendar
2. Click on the current date
3. Enter your email address
4. Hit enter here
Online service, mobile, or data charges may apply.
All entries must:
• be in keeping with Sponsor’s goodwill and image;
• not disparage Sponsor or any other person or party affiliated with the Sweepstakes, or Sponsor’s competitors;
• not be offensive or contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or in the sole discretion of Sponsor not in good taste, or that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
• not contain brand names other than Sponsor’s, tradenames other than Sponsor’s, trademarks other than Sponsor’s, or any other third party identifying marks;
• not refer to third parties without their express permission;
• not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created; and
• not defame or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s personal or proprietary rights (including without limitation any intellectual property rights), as determined by the Sponsor in its sole discretion.
By submitting an entry, each entrant represents and warrants that he or she has all rights to use and license all aspects of the entry submitted and agrees to indemnify the Sweepstakes Entities for all claims relating to violations of copyright, trademark and right of publicity resulting from or in connection with such entry.
Limit of one (1) entry per day person, up to twenty five (25) entries. Entries submitted after the end of the Sweepstakes Period will not be eligible to win. In order for an entry to be valid, entrant must have an email account throughout the Sweepstakes Period, and must submit required information that complies with these Official Rules and the Sweepstakes post. If the entry process is aborted before it is complete, entrants are not eligible to win. Any attempt by any entrant to obtain more than the stated number of entries and/or submit entries by using multiple/different email addresses, identities, registrations, logins, and/or any other methods will void that entrant’s participation and that entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person who is the authorized account holder of the email address to which the account is registered. Potential winners may be required to show proof of being the authorized account holder.
WINNING & NOTIFICATION:
Drawing date: one week after each sweepstakes period ends. Final drawing on 12/30/16
At the conclusion of each Sweepstakes Period, one (1) entry will be randomly selected from all eligible entries as the winner. The registered account holder associated with the selected Sweepstakes entry (the “potential winner”) will be notified by email address on or about the Drawing date listed above. The potential winners must provide all information requested in the notice within five (5) days in order to claim his or her PRIZE. If the potential winner is at least 18 years old but is still considered a minor in his or her jurisdiction of residence, Sponsor reserves the right to award the PRIZE in the name of his or her parent or legal guardian, who in such case will be required to provide the requested information on the potential winner’s behalf and fulfill any other requirements imposed on the potential winner set forth herein. The potential winner must continue to comply with all terms and conditions of these Official Rules, and receiving the PRIZE is contingent upon fulfilling all requirements set forth herein. If the potential winner cannot be contacted, fails to provide the requested information within the required time period or otherwise does not comply with these Official Rules, or if the PRIZE is returned as undeliverable, the potential winner will be disqualified and will forfeit the PRIZE. In the event that the potential winner is disqualified for any reason prior to receiving the PRIZE, another entry will be selected as the winner by random drawing from all remaining eligible entries. Random drawings will continue to be conducted among remaining eligible entries until the PRIZE is awarded and delivered.
DAILY PRIZE: Value ranges from $45 – $90
December 1, 2016: Three (3) bags of Diamond of California® Pistachios
December 2, 2016: Three (3) bags of Diamond of California® Pecans and one (1) Silpat Perfect Cookie Baking Mat
December 3, 2016: Three (3) bags of Diamond of California® Pecans
December 4, 2016: Three (3) bags of Diamond of California® Almonds
December 5, 2016: Three (3) bags of Diamond of California® Walnuts
December 6, 2016: Three (3) bags of Diamond of California® Pecans
December 7, 2016: Three (3) bags of Diamond of California® Pistachios
December 8, 2016: Three (3) bags of Diamond of California® Almonds
December 9, 2016: Three (3) bags of Diamond of California® Almonds and one (1) Four Piece Nordic Ware Sheet Pan Set
December 10, 2016: Three (3) bags of Diamond of California® Cashews
December 11, 2016: Three (3) bags of Diamond of California® Walnuts
December 12, 2016: Three (3) bags of Diamond of California® Nuts
December 13, 2016: Three (3) bags of Diamond of California® Almonds
December 14, 2016: Three (3) bags of Diamond of California® Pecans
December 15, 2106: Three (3) bags of Diamond of California® Hazelnuts
December 16, 2016: Three (3) bags of Diamond of California® Pecans, one (1) set of Dreamfarm Levoons and one (1) set of Dreamfarm Levups
December 17, 2016: Three (3) bags of Diamond of California® Walnuts
December 18, 2016: Three (3) bags of Diamond of California® Pistachios
December 19, 2016: Three (3) bags of Diamond of California® Hazelnuts
December 20, 2016: Three (3) bags of Diamond of California® Nuts
December 21, 2016: Three (3) bags of Diamond of California® Almonds
December 22, 2016: Three (3) bags of Diamond of California® Pistachios
December 23, 2016: Three (3) bags of Diamond of California® Macadamia Nuts
December 24, 2016: Three (3) bags of Diamond of California® Pecans
GRAND PRIZE Value: Approximately $700
December 25, 2016: Three (3) bags of Diamond of California® Pecans, three (3) bags of Diamond of California® Walnuts, three (3) bags of Diamond of California® Almonds, one (1) bag of Diamond of California® Cashews, one (1) bag of Diamond of California® Pistachios, one (1) bag of Diamond of California® Hazelnuts, two (2) Silpat Baking Mats, two (2) Nordic Ware Cookie Sheets, one (1) set of Dreamfarm Baking Utensils and one (1) $500 Williams Sonoma Gift Card.
No PRIZE substitutions except at the Sponsor’s sole discretion or as otherwise provided herein. The Sponsor reserves the right to substitute a PRIZE of equal or greater value if PRIZE becomes unavailable due to reasons beyond the reasonable control of the Sponsor. PRIZE is not transferable prior to award and delivery. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of potential winner and potential winner may be issued an IRS Form 1099 for the ARV of any awarded prize. No more than the number of PRIZES set forth in these Official Rules will be awarded. The potential winner may be sent a declaration of eligibility / liability / publicity release (“Release”). Except where prohibited by law, the Release will state that potential winner agrees to allow Sponsor to use (without additional compensation) his or her name, address, photograph, testimonial, likeness and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Sponsor’s website(s) and affiliated website(s)). Potential winner may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address, and phone number. Unless restricted by law, the potential winner will be required to complete and return the Release within the time period specified therein.
GENERAL RULES OF PARTICIPATION: By participating in the Sweepstakes, all entrants and the winner release each and all of the Sweepstakes Entities from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the PRIZE, including, without limitation, liability for personal injury, death or property damage. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor relating thereto, which are final and binding. The Sponsor reserves the right to disqualify from the Sweepstakes any entrant it believes has violated these Official Rules. All federal, state and local laws apply. In the event any portion of the Sweepstakes is compromised by activities beyond the reasonable control of the Sponsor which, in the sole opinion of the Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, the Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Entering the Sweepstakes constitutes permission for the Sponsor and the Sweepstakes Entities to use and reproduce participants’ names (first name, last initial, social media handle) and entry comment copy for purposes of advertising, promotion, publicity, consumer newsletters and social media channels (Facebook, Instagram and Twitter) without compensation, unless prohibited by law. Entries to the Sweepstakes (including any copyrights or other intellectual property rights therein) will become the property of the Sponsor and, should the Sponsor choose to use or reproduce this content for promotional purposes, entrant is not entitled to compensation or credit except as expressly set forth herein or in the Sweepstakes post. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision
Neither the Sponsor nor any of the Sweepstakes Entities are responsible for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, including any downtime associated with a third party social media site; lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. The Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the PRIZE if, in its sole discretion, the Sponsor determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or any of the Sweepstakes Entities. If for any reason the Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select a winner from those eligible entries received up to the cancellation/suspension date.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO LIABILITY: By participating in the Sweepstakes, entrants agree to release, discharge, indemnify and hold harmless the Sponsor and all Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the winner, entrants, or any other third parties, related in any way to the operation of the Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any PRIZE or participation in any Sweepstakes-related activity or participation in the Sweepstakes.
PUBLICITY: Except where prohibited by law, the winner’s acceptance of a Prize constitutes permission for Sponsor to use said winner’s full name, social media handles, photographs, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with the Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation, including without limitation on Sponsor and its affiliates’ program(s), website(s) and social media page(s).
DISPUTES: Except where prohibited by law, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any PRIZE shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
WINNER LIST REQUEST: To receive notice of the PRIZE winner, contact Kelly Harp at Maxwell PR at 503.231.3086 within three (3) months of drawing date.
SPONSOR: Diamond Foods, Inc., 1050 S. Diamond St., Stockton, CA 95205
This offer shall not be published without the prior written permission of the Sponsor.