#MyMontmorency Sweepstakes – Official Rules

January 31, 2017

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Welcome fans and friends! This National Cherry Month, we’re calling on you to highlight some of your favorite moments with Montmorency tart cherries for a chance to win tart cherry products and other prizes. We love to hear how you’re incorporating Montmorency tart cherries into your daily lives, so we’re inviting you to share a favorite recipe or memory on our social page. Please see below for the official rules.

#MyMontmorency Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The #MyMontmorency Sweepstakes (the “Sweepstakes”) starts at 9:00 a.m. Eastern Time (“ET”) on February 1, 2017 and ends at 11:59 p.m. ET on February 15, 2017 (“Sweepstakes Period”). Entries not received within the Sweepstakes Period will be void.

ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older. Employees of Cherry Marketing Institute (“Sponsor”), Weber Shandwick, their parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. The information you provide will be used for the purposes of Sweepstakes administration.

HOW TO ENTER: During the Sweepstakes Period, log-in to your Facebook account and navigate to the Choose Cherries Facebook page at www.facebook.com/choosecherries. Then, locate the Sweepstakes post and follow the instructions to post your favorite recipe or memory with Montmorency tart cherries in the comment section of the Choose Cherries Facebook post and include the hashtags #MyMontmorency and #entry in your post to receive one (1) entry.

The content of your post will not be judged and will therefore not increase or decrease your chance of winning. Limit of one (1) entry per person using only one (1) Facebook account throughout the Sweepstakes Period. You may only use one (1) Facebook account to enter the Sweepstakes. Entries received from any person or Facebook account in excess of the stated limitation will be void. A Facebook account is required to enter. A free account can be created at www.facebook.com. To enter the Sweepstakes using a mobile device, you must have a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the Facebook application. Data rates may apply. See your wireless service provider for pricing plan details and capabilities.

REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

• is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;

• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging) owned by others (excluding Sponsor’s logos and trademarks which will be permitted);
• contains any personal identification, such as personal names, e-mail addresses or street addresses;
• contains copyrighted materials owned by others (including photographs, music, videos, sculptures, paintings, and other works of art or images);
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
• contains look-alikes of celebrities or other public or private figures, living or deceased; or violates any applicable law.

Entry must be in English, be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person or any third-party who appears in or is identifiable in an entry (or the parent or legal guardian of any minor who appears in or is identifiable in an entry). Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting, an entry entrant warrants and represents that he/she and the person or third-party who appears in or is identifiable in the entry consent to the submission and use of the entry in the Sweepstakes and to its use as otherwise set forth herein.

By submitting an entry, entrant hereby grants permission for the entry to be posted on the Choose Cherries Facebook page at www.facebook.com/choosecherries, www.ChooseCherries.com  or other websites and used in press materials. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and may remove a posted entry at any time.

RANDOM Drawing: One (1) potential winner will be selected in a random drawing held on or about February 20, 2017 from all eligible entries received throughout the Sweepstakes Period by an independent judging agency. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.

WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. Potential winner will be notified by Facebook comment within three (3) business days following the random drawing and will be asked to respond via direct message within three (3) business days and provide their full name, telephone number (including area code), date of birth, mail and/or email address. Potential winner may also be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within three (3) business days of initial notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact potential winner within a reasonable time period or noncompliance with these Official Rules by the potential winner will result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected in a random drawing and notified.

GRAND PRIZE (1): A tart cherry gift basket, a red Fitbit Flex Wireless Activity tracker and a cookbook (Rocket Fuel by Matthew Kadey). Approximate Retail Value (“ARV”) of grand prize package: $150.00.

Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Prize will be mailed to winner within two (2) weeks following verification of winner. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner.

LICENSE/USE OF ENTRIES: By submitting an entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, name, photo, caption, post, tweet and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.

GENERAL CONDITIONS:  By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Weber Shandwick, Facebook, their parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photo, social media account ID, prize information, image and/or likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, participant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which either may withhold in its sole discretion.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, posts, photos or tweets; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, 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, posts, photos, the announcement of the winner, or in any other Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site 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 any 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, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries/photos will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner in a random drawing from all eligible, non-suspect entries received prior to action taken. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned to the applicable account by the applicable email service provider. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Michigan, USA.

WINNER’S NAME: For the name of the winner, available after February 25, 2017, email info@choosecherries.com with the subject line “#MyMontmorency Sweepstakes Winner” no later than March 25, 2017.

Sponsor: Cherry Marketing Institute – 12800 Escanaba – Dewitt, MI 48820-8680