By Pistachio Queen
Wonderful Pistachios Twitter Contest and Sweepstakes
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. INTERNET ACCESS AND ACTIVE TWITTER ACCOUNT (AND EMAIL ACCOUNT) REQUIRED.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“UNITED STATES”), 18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO AND WHERE PROHIBITED. OFFERED ONLY IN THE UNITED STATES.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.
ELIGIBILITY: “Wonderful Pistachios Twitter Contest and Sweepstakes” (collectively the “Promotion”) is open only to legal residents of the United States, 18 years or older at time of participation (“participants” or “entrants”). DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE NOT A LEGAL U.S. RESIDENT, 18 YEARS OR OLDER. Employees, officers and directors of Paramount Farms International LLC (“Sponsor”), Alcone Marketing Group (“Alcone”), their respective parents, affiliated and subsidiary companies, advertising and promotional agencies and suppliers of promotion materials and services and any other entity engaged in any way in the development, production, printing, distribution, broadcast or execution of the Commercial (defined below) and Promotion, any person who has received information on the Promotion in violation of a confidentiality agreement, and members of the immediate family or household of such individuals are not eligible. (“Immediate family” means spouse and parents, siblings and children and their spouses whether or not residing with the ineligible individual). You must have a Twitter account in order to participate in the Promotion; if you do not have one, follow the directions when prompted to sign up for a Twitter account without charge.
(A) Contest Period. The Contest Period begins on 11/12/12 at or after 12:00 A.M. Pacific Time (PT) and ends the earlier of Sponsor’s/Alcone’s verification that a participant has correctly unscrambled the phrase (see How to Enter section below) or 11/25/12 at 11:59 P.M. (PT), should no participant be verified as correctly unscrambling the phrase. Even if Sponsor/ Alcone has verified that the phrase has been correctly unscrambled, the participant who correctly unscrambled the phrase will still be subject to eligibility verification and will be required to provide a Release (defined below).
(B) Sweepstakes Period. Should no participant be verified as correctly unscrambling the phrase prior to the end of the Contest Period, the Sweepstakes Period will start 11/26/12 at 12:00 A.M. (PT) and end 12/9/12 at 11:59 P.M. (PT). But, should a participant be verified as correctly unscrambling the phrase prior to the end of the Contest Period, the Sweepstakes Period starts within one day (twenty-four (24) hours) after such verification and will end at 11:59 P.M. (PT), fourteen (14) calendar days later. For example, if a participant is verified as correctly unscrambling the phrase on 11/16/12 at 1:00 P.M. (PT), the Sweepstakes Period will begin no later than 11/17/12 at 1:00 P.M. (PT) and end 12/1/12 at 11:59 P.M. (PT).
(C) In General. Sponsor’s computer is the official time keeping device for the Promotion. The determination of when Contest Period ends and Sweepstakes Period begins will not be affected by whether the entrant correctly unscrambling the phrase is eligible and awarded the Contest Prize pursuant to these Official Rules.
HOW TO ENTER:
CONTEST: Visit Get Crackin’s twitter page – twitter.com/getcrackin (“Twitter Page”). View the current 0:15 Wonderful Pistachios TV commercial that features Twitter and a scrambled phrase (the “Commercial”) on broadcast television, on www.getcrackin.com, on the Twitter Page or elsewhere on the Internet. Participants will need to tweet a status update with what they think the unscrambled phrase is and include the hashtag #getcrackin which is part of the scrambled phrase (“Contest Phrase”). In trying to unscramble the phrase, look at the letters before they hit the nut. Tweets which omit the hashtag #getcrackin (as part of scrambled phrase) are NOT valid and will NOT be considered. The first participant to submit a valid tweet with the correct unscrambled phrase will win the Grand Prize (subject to verification and compliance with these Official Rules); see “Winner Notification” below. DO NOT TWEET THE SAME UNSCRAMBLED PHRASE MULTIPLE TIMES. (You may, however, submit more than one (1) different phrase in the hope of “uncracking” the Contest Phrase.) Hints may be posted at any time during the Contest Period, at Sponsor’s sole discretion, on Twitter Page and/or elsewhere on the Internet.
SWEEPSTAKES: At the beginning of the Sweepstakes Period (see Part (B) of “Promotion Period,” above), @getcrackin will send out a tweet with the Contest Phrase to its followers (as of the start of the Sweepstakes Period.) To enter a daily Sweepstakes Drawing, persons retweet the Contest Phrase WITHOUT ANY ADDITIONAL CONTENT OR COMMENTARY (“Sweepstakes Entry”). Limit of one (1) Sweepstakes Entry per person, per Day. A “Day” is defined as the 24-hour period beginning 12:00 A.M. (PT) through 11:59 P.M. (PT), except for the first day of the Sweepstakes Period (as discussed above).
DAILY SWEEPSTAKES DRAWINGS: There will be one (1) Daily Drawing for each Day of the Sweepstakes Period from all eligible entries received on that day, for a total of fourteen (14) Daily Drawings. In each Daily Drawing, ten (10) prizes will be awarded. Sweepstakes Entries not selected in a Daily Drawing will not be retained for subsequent Daily Drawings. Sweepstakes Entries submitted are only eligible for the applicable Daily Drawing. All Daily Drawings will be conducted by an independent judging organization no later than 12/17/12. Odds of winning a prize in a Daily Drawing depend upon the number of eligible entries received for that Daily Drawing.
SECOND CHANCE DRAWING: All confirmed First Prize winners will automatically be entered once into a Second Chance Drawing for the Grand Prize (if unawarded in the Contest). The Second Chance drawing will be used to award the Grand Prize if it cannot be distributed through the Contest, regardless of reason (by way of example, if the potential Grand Prize winner cannot be verified in accordance with these Official Rules, is determined by Sponsor/Alcone not to be eligible to win the prize, or is disqualified for any reason). ENTRY INTO THE SECOND CHANCE DRAWING DOES NOT GUARANTEE THAT ANY SECOND CHANCE DRAWING WILL OCCUR OR THAT THE GRAND PRIZE WILL BE AWARDED VIA THE SECOND CHANCE DRAWING. IF THE GRAND PRIZE CAN BE DISTRIBUTED THROUGH THE CONTEST AND IN FULL COMPLIANCE WITH THESE OFFICIAL RULES, THEN NO SECOND CHANCE DRAWING WILL OCCUR. However, if a Second Chance Drawing is needed for any reason, the Second Chance Drawing will be held on or about 1/15/2013, from all First Prize winners (as defined above). Odds of winning depend upon the number of First Prize winners and if the Grand Prize is unclaimed in the Contest.
ENTRY RESTRICTIONS: Participants must fully comply at all times with the Twitter Rules and Terms of Service. You may enter using only one Twitter account. Any use of an automated entry device, robotic, repetitive, mechanically reproduced, automatic, programmed, or similar entry methods or agents (including, but not limited to sweepstakes/contest-entry services) are prohibited and will void all Contest Phrases/Sweepstakes Entries by that entrant. In participating in the Contest, do NOT tweet phrases that violate the trademark, copyright or other rights of any third party, are defamatory or are inappropriate, offensive or unfit for publication. Subject to any consent from Twitter, Inc., such tweets will be deleted; this conduct also constitutes tampering with the Promotion as discussed below. TWEETS POSTED BY PARTICIPANTS IN CONJUNCTION WITH THE PROMOTION REPRESENT SOLELY THE VIEWS AND OPINIONS OF THE INDIVIDUAL POSTING SAME AND DO NOT REFLECT THE VIEWS AND OPINIONS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAILS VALUE (“ARV”)
Contest: One (1) Grand Prize: $10,000 to be awarded in the form of a check.
Sweepstakes: One hundred and forty (140) First Prizes (10 Per Daily Drawing): One (1) Apple® iPad® Mini tablet computer*. ARV: $329 each.
WINNER NOTIFICATION: Winners will be notified via direct message from @getcrackin. Potential winner’s Twitter account must be set so as to allow for receipt of direct messages from @getcrackin; Sponsor and Alcone will have no liability relative to non-receipt of winner notification if potential winner’s Twitter account is not properly set. Grand Prize winner must respond to direct message within seventy-two (72) hours with full name and mailing address; and if no response is provided, Alcone will send one (1) additional message for which a response must be received within twenty-four (24) hours with the required information and, Grand Prize winner will be required to sign and return an Affidavit of Eligibility and Release (“Release”) by the date specified. Noncompliance with these requirements will result in disqualification and forfeiture of Grand Prize; and, in such event, Grand Prize will be awarded via the Second Chance Drawing, as discussed above. First Prize winners must follow instructions in direct message and respond within seventy-two (72) hours with full name and e-mail address. If no response is provided, potential First Prize winner will forfeit First Prize, will be disqualified, no further participation in the Promotion by such person will be permitted, and an alternate winner will be selected. First Prize winners must complete a prize claim form provided by Alcone via a unique link no later than 12/31/12 at 11:59 P.M. PT. After such time, prize claim forms will not be accepted, with First Prize winner being disqualified and the prize forfeited. In such event, an alternate First Prize winner will be selected from among all remaining eligible entries received for the applicable Daily Drawing. Note: prize claim form link may only be used once. Please allow 4-6 weeks for delivery of Grand Prize upon confirmation of eligibility and 10–12 weeks for delivery of First Prizes after submission of prize claim form. By entering the Promotion, entrants accept and agree to these rules and the decisions of the Sponsor and Alcone, which shall be final.
Except where prohibited, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) and state of residence for promotional purposes in any media, worldwide, for an unlimited period of time without further payment or consideration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Sponsor.
PRIZE RESTRICTIONS: Taxes on prizes (if any) and all expenses related to the acceptance and use of a prize not specified herein (including, for First Prizes, charges for wireless Internet access) are the sole responsibility of winner. No assignment, transfer, cash redemption (for First Prize) of prize is permitted. No prize substitution except by Sponsor due to unavailability, in which case a prize of comparable or greater value will be awarded. Limit of one (1) Prize per person/family/household/Twitter account the entire Promotion. An IRS Form 1099 will be filed and a copy provided to Grand Prize Winner. If more than one (1) person from the same household is selected as the winner of a First Prize, only one (1) First Prize will be awarded to the person who completes and submits the prize claim form first.
GENERAL CONDITIONS: Sponsor and its agencies are not responsible for incomplete information, incomplete transmission defaults or faulty network connections, telephone, computer server/system/software failure of any kind, and/or delayed garbled or corrupted data. Any attempts by an individual to access the Promotion or Web site via a bot script or other brute-force attack will result in that IP address becoming ineligible. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or Web site, to be acting in violation of the Official Rules or any laws, or to be attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, misappropriation, infringement or any other unfair playing practices/poor sportsmanship, or intending to annoy, abuse, threaten or harass any other entrants/persons. Sponsor and its agencies (including Alcone) are not responsible for: (1) any incorrect, incomplete 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 (beyond Sponsor’s control) as well as any filtering by Twitter, Inc.’s functionality; (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 for the Contest or Sweepstakes; (5) any error or technical failures in the production of the Commercial; (6) any error, delay or technical failures in broadcasting the Commercial on television or on the Internet, or (7) any injury or damage to 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. Sponsor makes no representations or warranties with regard to First Prizes, and First Prize Winner agrees that his/her sole recourse is with manufacturer of the First Prize in the event of any malfunction, defect or irregularity of First Prize. All entries in Contest or Sweepstakes are subject to verification. Without limiting the foregoing, an entry in the Promotion will be automatically void if it is determined to be the product of an automated or mass entry attempt (that is, not manually key-stroked). No more than the stated number of prizes will be awarded. In the event that production, printing, digital or programming failures, or other reasons or any errors cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the indicated number of prize(s) (if previously not awarded), by a random drawing among all legitimate eligible claimants for prize(s). Sponsor reserves the right to terminate/cancel the Promotion as a result of any printing errors. By playing this Promotion, you agree to be bound by these Rules and the decisions of the Sponsor.
LIABILITY LIMITATIONS: By participating, each participant agrees (a) to abide by these Official Rules and the decisions of the Sponsor and its agents which decisions shall be final in all matters relating to the Promotion; and (b) to release and hold harmless Sponsor, Twitter, Inc., Apple Inc., Alcone, their respective parents, affiliates, subsidiaries, related companies, advertising and promotion agencies and all of their respective directors, officers, employees, representatives, agents, successors and assigns from any and all injuries, liability, loss or damage of any kind to person(s), including death, or property, arising in whole or in part, directly or indirectly, from his/her receipt, acceptance, possession, use and/or misuse of any prize or from his/her participation in this Promotion, or for any error in the announcement of any prize.
Sponsor’s/Alcone’s failure to enforce any provision of these Official Rules shall NOT constitute a waiver of that provision.
If, for any reason, the Promotion is not capable of running as planned by reason, for example, of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion as intended, Sponsor reserves the right to terminate, modify or suspend this Promotion, in whole or in part. In such event, notice of such action will be posted at twitter.com/getcrackin and Sponsor will conduct the Promotion and select winners in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules.
CHOICE OF LAW: Promotion, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of California without regard to choice of law or conflict of law principles (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; (2) any dispute, claims and causes of action arising out of or connected in any way with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in Los Angeles County in California; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion (if any), but in no event attorneys’ fees; and (4) under no circumstances will registered participant be permitted to obtain awards for, and registered participant hereby waives all rights to claim, indirect, 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.
WINNERS’ LIST: For the First Name, Last Initial, City, State of the Winners, go to getcrackin.com after January 31, 2013.
SPONSOR: Paramount Farms International LLC, 11444 West Olympic Boulevard, Suite #310 Los Angeles, CA 90064.
*Used for purposes of prize identification only. No sponsorship, endorsement or affiliation with Apple Inc. intended or implied.