1. ELIGIBILITY. This contest (the “Contest”) is offered by the North Carolina Blueberry Council, Inc. (“Sponsor”) only to residents of the United States who reside in the lower 48 states. (excludes Hawaii and Alaska), who are at least 18 years old. Employees and directors of Sponsor and all of its subsidiary and related companies and the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of their same households (whether related or not) of such employees and directors are not eligible. By entering this Contest, you agree to these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. No purchase is necessary to win, and purchasing any product will not improve your chances to win. Contest void in states where contest is not valid or allowed. Winner must accept all terms and conditions of prize to qualify. Contest open to general public.
2. PROMOTIONAL PERIOD. The promotional period for this Contest begins and ends on the dates on the entry page. (“Promotional Period”).
3. ENTRY. There is no cost to enter the Contest, which must be entered via the Internet. To enter by Internet, your must already have access to the Internet, as it is not required that you obtain Internet access solely to participate in this Contest. The computer used to enter the Contest must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by northcarolinablueberries.com for the purposes of entry tracking. Access the northcarolinablueberries.com Web site at www.northcarolinablueberries.com. Registration to the site is required for entry to the contest. Complete the registration form for Web site membership by filling out your full name, complete home address, including zip code, home telephone number (including area code), date of birth, gender, email address, how you heard about northcarolinablueberries.com, any other requested fields and follow the instructions at the Web site. False or fictitious information is not allowed and may void the entry. All entries must be made manually. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention.
4. SELECTION. All winners will be selected from all eligible entries received by Sponsor’s legal counsel or designated representative. All non-winning entries will become the property of Sponsor and may be used as Sponsor sees fit for marketing, publicity or sale.
5. PRIZE/ODDS. No warranties or representations of any kind are made about the prizes. Sponsor reserves the right to exchange any prize for any reason with another prize. No assignment or transfer of a prize is permitted prior to delivery of the prize to the winner. Winner is responsible for all federal, state and local taxes. PRIZES: The total value of Prizes can range in from $15.00 to$25.00. Prizes will be mailed to the winners within 14 days of notification and verification of winning status. Prizes have no cash value and will be forfeited should the winner choose to not accept or decline the prize for any reason.
6. GENERAL CONDITIONS. Void where prohibited. Each winner agrees to release and hold harmless Sponsor, its affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any contest related activity, or participation in this contest. To accomplish this, winners must execute and return an Affidavit of Eligibility, Publicity Release and Release from Liability within 2 days of notification. Failure to timely return this affidavit, or if prize notification or prize is returned as non-deliverable, may result in disqualification with an alternate winner selected. Where permitted by law, winners (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to Sponsor, and its licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or Web site; to be in violation of the Terms of Service of the Web site, to be acting in violation of these Contest Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will prosecute any fraudulent activities to the full extent of the law.
7. LIMITATIONS OF LIABILITY. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web site. Sponsor is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Web site. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Internet portion of this Contest for any drawing(s) and select the winner from regular mail-in entries and Internet entries received for that drawing prior to the action taken. IN NO EVENT WILL SPONSOR, ITS LICENSEES, AND OR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING, LEGAL OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.NorthCarolinaBlueberries.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. DISPUTES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Pender County, North Carolina having competent jurisdiction, which Court shall apply the laws of the State of North Carolina without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and 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 entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
9. COPPA Policy In accordance with the Children’s Online Protection Policy, we cannot accept registration from anyone under the age of eighteen. COPPA provides protection for children while online and prohibits Web sites from accepting any identifiable data or information from anyone thirteen and under.