THE DIAMOND FOODS IN-SHELL INSTANT WIN PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION ENTRY PERIOD: The Diamond Foods In-Shell Instant Win (the “Promotion”) begins at 12:00:00 AM Eastern Time (“ET”) on Tuesday, October 1, 2019, and ends at 11:59:59 PM ET on Tuesday, December 31, 2019 (the “Promotion Period”).
ELIGIBILITY: The Promotion is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in AK, HI, outside the U.S., and wherever else prohibited by law. Employees, officers, and directors of Diamond Foods, LLC. (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Administrator”) and their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, fulfillment, marketing, and promotion agencies, website providers, web masters (collectively, the “Released Parties”) and their immediate family members (spouses, parents, siblings, and children, regardless of where they live), and/or those living in the same household are not eligible to enter or win. Promotion is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right to verify the eligibility of winners.
ENTRY: NO PURCHASE NECESSARY. The Promotion has two components: An Instant Win Promotion (the “Instant Win”), and a Random Draw Grand Prize Sweepstakes (the “Grand Prize Sweepstakes”). To enter both the Instant Win and the Grand Prize Sweepstakes, during the Promotion Period, visit www.diamondnuts.com/sweeps (the “Promotion Site”), follow all instructions to complete the registration form in its entirety (including, without limitation, providing your name, email address, and mailing address), and submit the form. PO Boxes are not permitted for purposes of filling out the registration form. By filling out the registration form in its entirety and submitting it pursuant to the instructions on the Promotion Site you will receive one (1) entry into the Grand Prize Sweepstakes and one (1) Instant Win play. Limit: One (1) Grand Prize Sweepstakes entry and one (1) Instant Win play per person per day, regardless if the entrant has more than one (1) email address. Any additional entries and/or plays will be void and ineligible. For the purposes of this Promotion, a “day” is defined as the twenty-four (24) hour time period commencing at 12:00:00 AM ET, and ending at 11:59:59 PM ET. Although the Sponsor and/or Administrator may receive a participant’s subsequent attempts to enter on a given day, only the first complete Grand Prize Sweepstakes entry and/or Instant Win received from a particular participant on that day will be eligible; subsequent attempts by the same person to enter/play during that same day, including entries/plays submitted with an alternate email address, will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
All completed registration forms become the property of the Sponsor and will not be acknowledged or returned. The Promotion Site’s database clock will be the official timekeeper for the Promotion. Incomplete registration forms will not be accepted and are void. Participants must have a valid email address to enter and/or win. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries and/or plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entries/plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, entry or play, the authorized account holder of the email address provided at the time of entry or play will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. By participating in this Promotion, participants agree to be bound by these Official Rules and decisions of Sponsor and/or Administrator, including their respective agents and representatives, which are final and binding on all matters relating to this Promotion.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Instant Win Prizes: There are one-hundred eighty (180) Instant Win prizes (“Instant Win Prizes”) available to be won as depicted in the Instant Win Prize Chart below. Total ARV of all Instant Win Prizes available to be won: $3,490. Limit: One (1) Instant Win Prize per person. Odds of winning an Instant Win Prize are dependent on the random winning time selected for each Instant Win Prize available to be won, the number of participants in the Promotion, and the time and order any participant’s entry is submitted and recorded. The number of Instant Win Prizes available will diminish as they are awarded. All Instant Win prize winners are subject to verification before prize fulfillment.
|Instant Win Prize Chart|
|Number of Instant Win Prizes Available||Prize Description||ARV each|
|150||16oz Diamond of California Shelled Walnuts||$10|
|20||$50 grocery store gift cards*||$50|
|10||9-Speed hand mixers||$99|
*Grocery store gift card winners will receive an email from Administrator asking the winner to select their desired $50 gift card from a selection of grocery retailers. Winners must respond to email from Administrator within 72 hours or prize may be forfeited in Sponsor’s sole discretion.
Grand Prize: One (1) Grand Prize available to be won. The Grand Prize includes a trip package for two (2) people, winner and one (1) guest, to San Diego, CA. Grand Prize trip package includes:
- Round-trip, coach-class air-transportation for winner and one (1) guest to San Diego from a major airport within the 48 contiguous US near the winner’s residence as determined by Sponsor;
- Five (5) days / four (4) nights hotel accommodations in a single room/double occupancy at a hotel to be determined by Sponsor;
- One (1) spa treatment for winner and guest; and
- Round-trip car transfers to/from destination airport and hotel.
The ARV of the Grand Prize is: $4,450.00. Odds of winning the Grand Prize will depend on the total number of eligible Grand Prize Sweepstakes entries received during the Promotion Period.
The total ARV of all prizes available to be won in connection with this Promotion: $7,940.00.
INSTANT WIN GAME PRIZE SELECTION & NOTIFICATION: Instant Win Game Prizes will be awarded throughout the Promotion Period, pursuant to the process set forth herein. At the time a participant submits his/her completed registration form and each time that same participant provides his/her email addressed associated with his/her initial registration to receive additional Instant Win plays (subject to the requirements set forth above), if such participant is the first eligible participant to receive a play in connection with the Instant Win Game at or after a computer-generated, randomly selected winning time, that participant will receive an on-screen notification alerting them that they are a potential winner of an Instant Win Game Prize, subject to verification. Non-winning entrants will also be notified on screen.
Potential Instant Win Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Instant Win Game shows that you are a winner, you are not a winner until your eligibility and the potential winning Instant Win Game play have been verified. Once verified, Instant Win Prizes will be mailed/emailed to the Instant Winner’s mailing/email address provided on the registration form within 45 days of on-screen notification. In the event that a potential Instant Win Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Instant Win Prize winner selected by a random drawing from among all remaining eligible Instant Win Entries. Only one (1) alternate drawing will be held, after which any remaining Instant Win Prizes will remain un-awarded.
All potential INSTANT WIN prize WINNERS are subject to verification by Sponsor AND/or Administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A participant is not a winner of any INSTANT WIN Prize unless and until participant’s eligibility HAS been verified.
GRAND PRIZE RANDOM DRAWING & NOTIFICATION: On or about Monday, January 6, 2020, the Administrator will select one (1) potential Grand Prize winner in a random drawing from among all eligible Grand Prize Sweepstakes entries received during the Promotion Period. The Grand Prize winner will be notified via email on or about Monday, January 6, 2020, using the email address provided at the time of entry, and will be required to sign and return, within seven (7) days of email notification by the Administrator, an Affidavit of Eligibility & Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release before any prize elements will be awarded or booked.
If a potential Grand Prize winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the Grand Prize will be awarded in the name of the potential Grand Prize winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf. If the notification is returned as undeliverable, or if a potential Grand Prize winner fails to complete and return the Releases within the timeframe specified in accordance with the requirements in these official rules and any instructions provided by Sponsor, or if the selected winner cannot accept or receive the prize for any reason, or in the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Grand Prize winner selected by a random drawing from among all remaining eligible Grand Prize Sweepstakes entries. Only three (3) alternate drawings will be held, after which any remaining prize will remain un-awarded.
potential grand prize WINNER IS subject to verification by Sponsor AND/or Administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A participant is not a winner of any Grand Prize unless and until participant’s eligibility HAS been verified and participant has been notified that verification is complete. Grand Prize will be awarded within 45 days after the Grand Prize winner is confirmed.
GENERAL PRIZE CONDITIONS: Limit one (1) Instant Win Prize per person. Prizes are not redeemable for cash. All prizes are non-assignable or transferable. No substitution is permitted except if any prize is unavailable for any reason, in which case a prize of equal or greater value will be awarded. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, winners will be determined in a random drawing from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
All travel related expenses not specifically listed as part of the Grand Prize, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Winner and travel companion must have valid photo ID and any other required documentation prior to departure. Travel is subject to availability and the limits set forth below. Trip must be booked 2 months in advance and is only available through December 31, 2020.
Sponsor will, in its sole discretion, determine departure airport. In the event the Grand Prize winner’s residence is close enough to San Diego, CA such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or travel companions are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID, see https://www.tsa.gov/travel/security-screening/identification for more details) prior to travel. Winner’s travel companion must be a legal U.S. resident, 21 years or older, unless Travel Companion is a child of the winner. Travel Companion must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, Grand Prize winner must be minor travel companion’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable.
In the event a winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her travel companion home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Winners are responsible for all federal, state, local and income taxes and any fees and expenses related to acceptance and use of a prize not specifically stated herein, regardless of whether prizes are used in whole or in part.
GENERAL: This Promotion is governed by the laws of the United States. Participants agree to these Official Rules and the decisions of the Administrator and the Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize. Registration forms, materials, and data relating to this Promotion that have been tampered with or altered, or mass entries/plays or entries/plays generated by a script, macro or use of automated devices are void. Released Parties not responsible for: (i) lost, late, misdirected, damaged or illegible entries/plays; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive registration information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to participant’s or any other person's computer related to or resulting from participating in the Promotion. Proof of sending or submission of registration form will not be deemed proof of receipt by Sponsor and/or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules, attempted to tamper with or undermine the registration process, Promotion Site, and/or the legitimate operation of this Promotion, or has acted in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries/plays and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes at random from among the eligible, non-suspect entries/plays received up to the time of the impairment. Sponsor is not responsible for incompatibility of participant’s hardware, software or browser technology with Sponsor’s hardware, software or browser technology.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND 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 internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Joaquin County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Joaquin County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in San Joaquin County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will a participant be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Promotion.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PARTICIPATING IN THIS PROMOTION, PARTICIPANT AGREES THAT SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, INC., PINTEREST AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY, PLAY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNERS’ GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLDWIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE PUBLIC ANNOUNCEMENT OF HIS OR HER NAME IN ANY MEDIUM) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PROMOTION SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Winners acknowledge that the Released Parties do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.diamondnuts.com/sweeps or send a self-addressed, stamped envelope by January 6, 2020 to: The In-Shell Instant Win Official Rules Request, PO Box 25466, Rochester, NY 14625-0466. Official Rules requests must be received during the Promotion Period.
WINNER CONFIRMATION: For a written confirmation of the winners (available after January 6, 2020) send a stamped, self-addressed envelope (no later than February 3, 2020), to: The In-Shell Instant Win Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Diamond Foods, LLC., 1050 South Diamond Street, Stockton, CA 95205.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.
Void in AK, HI, Puerto Rico, Guam, U.S. Virgin Islands, outside the United States and wherever else prohibited by law.