This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Any communication about this promotion should be directed to the Sponsor and not to Instagram or Facebook
1. Description of the Promotion: Bell-Carter Foods, Inc. (the “Sponsor”) is offering the Lindsay® Organic Black Olives Giveaway (the “Promotion”). No purchase or payment of any kind is necessary to enter or win this sweepstakes. A purchase or payment of any kind will not increase your chances of winning. You must have an electronic device with Internet access in order to enter. The Promotion begins on July 19, 2018 at 12:00 PM Pacific Time (“PST”) and ends on July 26, 2048 at 11:59 AM PST. Sponsor’s computer is the official time keeping device for this Promotion.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Bell-Carter Foods, Inc. or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: The Sponsor is encouraging individuals to comment on Lindsay’s Organic Black Olives Giveaway post on Instagram or Facebook letting us know what snacks you would have on your organic snack platter (your “Sweepstakes Submission”). You can enter your Sweepstakes Submission by accessing your Instagram or Facebook account, locating Lindsay’s Organic Black Olives Giveaway post, and posting your comment and tagging two friends to receive one (1) Entry.
Ensure your Sweepstakes Submission complies with the following:
In Sponsor’s sole opinion, Sweepstakes Submissions which do not meet any of these requirements will be disqualified.
There is a limit of one (1) Sweepstakes Submission per person, per day during the Promotion Period. A “day” is defined as any twenty-four (24) hour period beginning at 12:00:00 PM PST and ending at 11:59:59 AM PST the following day.
4. Winner Selection: At the conclusion of the Promotion, three (3) winners will be randomly selected from all eligible entries received during the Promotion Period. An individual entrant cannot win multiple prizes.
5. Prizes: Each of the three (3) Prize winners will receive one (1) prize pack containing new Lindsay Organic Black Olives, Rustic Bakery Rosemary & Olive Oil Flatbread and Rustic Bakery Olive Oil & Sel Gris Flatbread. The Approximate Retail Value (“ARV”) of each of the three prizes is $30.00 USD. There are a total of three (3) prizes available with the total of all prizes of $90.00.
No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
6. Verification of Potential Prize Winners: Potential Prize winners will receive a direct message from the Sponsor on his/her Instagram or Facebook account, requesting an email address for the purpose of the verification process. Potential winners must respond with an email address within forty-eight (48) hours of Sponsor’s direct message. Failure to do so will result in disqualification and selection of an alternate winner.
Potential winners will receive a winning notification email (“Email Notification”) for the purposes of prize fulfillment and an acknowledgment of acceptance of these Official Rules.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected as detailed herein. Sponsor may successively attempt to contact up to three (3) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, such prize may at Sponsor’s sole discretion go un-awarded.
7) Right to Use Your Sweepstakes Submission and Information: By entering a Sweepstakes Submission, you: (a) warrant that it does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Sweepstakes Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) automatically assign all ownership and usage rights to your Sweepstakes Submission to the Sponsor for its potential use to reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Sweepstakes Submission; (c) agree that upon selection as a winner of any prize, you agree that your Sweepstakes Submission shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of Sponsor; (d) agree that upon selection as a winner of any prize, in the event your Sweepstakes Submission is considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in and to your Sweepstakes Submission (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (e) agree that by submitting an entry, you grant to Sponsor the right to sell and otherwise distribute your Sweepstakes Submission on any of its websites or in any of its advertising and/or products without any compensation. The rights granted under this paragraph shall extend to Sponsor, and its affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.
8. Entry Conditions and Release: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, the prize suppliers and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or winner’s acceptance, use or misuse of a prize.
9. Publicity: Except where prohibited, acceptance of a prize constitutes winners’ consent to Sponsor’s and its designee’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Multiple participants are not permitted to share the same Instagram or Facebook account. Any attempt by any participant to obtain more than the stated number of entries by using multiple Instagram or Facebook accounts, different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Sweepstakes Submissions, which will be disqualified. In the event of a dispute as to any Sweepstakes Submission, the authorized Instagram or Facebook account holder used to register will be deemed to be the registrant or player. Potential winners may be required to show proof of being the authorized account holder. All Sweepstakes Submissions become the property of Sponsor and will not be returned.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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.
11. 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court, for the state of California; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at http://www.lindsayolives.com/about-lindsay/privacy-policy.
14. Promotion Results: To obtain a copy of the winners list, send a self-addressed stamped envelope postmarked no later than August 30, 2018 to the Lindsay® Organic Black Olives Giveaway c/o Bell-Carter Foods, Inc. 590 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94596. VT residents may omit return postage.
15. Sponsor:
Bell-Carter Foods, Inc.
590 Ygnacio Valley Road, Suite 300
Walnut Creek, CA 94596