ALLTOWN FRESH’S NATIONAL AVOCADO DAY SWEEPSTAKES
NO PURCHASE NECESSARY TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. WHO IS ELIGIBLE: Alltown Fresh’s National Avocado Day Sweepstakes (the “Sweepstakes”) is open to individual legal residents of MA, CT, and NY(collectively, the “Sweepstakes States”) who are age 18 or older at time of entry. Employees, officers and directors (and their immediate family or household members, whether or not related) of Global Montello Group Corp. (“Sponsor”) and its parent, affiliates and subsidiaries, and each of their respective advertising, marketing, promotional, judging and fulfillment agencies, are not eligible.
2. WHEN TO ENTER: The Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on July 30, 2021 and ends at 11:59 PM ET on August 2, 2021 (“Entry Period”). The time of receipt of any valid entry will be the time that valid entry becomes available to Sponsor. Sponsor’s computer will be the official clock of the Sweepstakes.
3. HOW TO ENTER: You may enter the Sweepstakes using the following social media platform:
INSTAGRAM: Before submitting an entry in the Sweepstakes using Instagram, you must have a valid Instagram account. If you do not have an Instagram account, you will need to visit instagram.com to register for a free account, or you may sign up for Instagram in the Instagram app available for download from your mobile app store.
To submit an entry in the Sweepstakes during the Entry Period using Instagram, follow Alltown Fresh, comment on the Alltown Fresh National Avocado Day Sweepstakes post and include the hashtag #Sweepstakes (the “Call to Action”). Failure to include the hashtag #Sweepstakes in your comment will result in disqualification of the entry.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
Eligible Sweepstakes entries must be set to public viewing during the Entry Period, responsive to the Call to Action and must not (a) be obscene, offensive, sexually explicit or suggestive, and must not (b) depict alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal, all as determined by Sponsor in its sole discretion.
4. ENTRY LIMIT: ONE ENTRY PER PERSON REGARDLESS OF ENTRY METHOD. Sponsor reserves the right to disqualify any participant suspected of attempting to circumvent this entry limit. Use of any automated system (such as a bot) to participate in this Sweepstake is prohibited and will result in disqualification. Proof of entry submission is not proof of receipt by Sponsor.
5. PRIZE AND ODDS OF WINNING: $100 Alltown Fresh Gift Card with an approximate retail value (“ARV”) of $100. Winner will not receive the difference, if any, between actual value and ARV. All price and prize details are determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute the prize with a prize of equal or greater value, but no other substitution or transfer is permitted. Sponsor is responsible only for prize delivery and is not responsible for the prize’s utility to winner. Winner is solely responsible for all taxes, fees and other expenses associated with acceptance and use of the prize. THE PRIZE IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR. Odds of winning the prize depend on the number of eligible entries received.
6. DRAWING: Winner will be selected in a random drawing to be conducted by representatives of Sponsor on or about August 3, 2021 (the “Drawing Date”) from among all eligible entries received.
7. WINNER NOTIFICATION & VERIFICATION: Sponsor’s representative will attempt to contact the potential winner via Instagram DM within three (3) business days after the Drawing Date. Proof of identity must be provided upon request. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor may require the potential winner to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form (where legal) within five (5) days following the date of first attempted notification. If the potential winner (a) is so required and fails to do so within the specified time, or (b) fails to otherwise fully comply with these Official Rules, Sponsor may in its sole discretion disqualify the potential winner and, if time and circumstances allow, draw an alternate winner, who will be subject to disqualification in the same manner. All decisions of Sponsor with respect to the Sweepstakes will be final and binding.
8. PRIZE DELIVERY: The prize will be shipped to the address of the winner as soon as possible after the potential winner is declared as the winner but, in any event, within two (2) weeks of declaring the potential winner as the winner. Return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner. Sponsor, its parent, affiliates and subsidiaries, and their respective representatives, employees and agents accept no responsibility if the prize cannot be delivered due to service cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism and any action or failure to act on the part of the winner. Unclaimed prizes will not be awarded.
9. ENTRANT RELEASE: BY PARTICIPATING IN THIS SWEEPSTAKES:
- YOU WARRANT TO SPONSOR THAT YOU MEET THE ELIGIBILITY REQUIREMENT OF THE SWEEPSTAKES, PROVIDE YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
- YOU AGREE THAT ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, PARTICIPANT’S RIGHTS AND OBLIGATIONS, OR THE RIGHTS AND OBLIGATIONS OF THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES.
- YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL, STATE AND LOCAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS.
- EXCEPT WHERE PROHIBITED, YOU AGREE THAT: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE PRIZE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A STATE OR FEDERAL COURT IN THE COMMONWEALTH OF MASSACHUSETTS; (ii) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS’ FEES; AND (iii) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS WHICH, AND YOU HEREBY WAIVE ALL RIGHTS TO, (A) CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
- YOU RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE AGENTS AND ADVERTISING AND PROMOTIONAL AGENCIES AND THE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, UNITHOLDERS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS OF EACH (COLLECTIVELY, THE “SWEEPSTAKES PARTIES”) FROM ANY DAMAGE, PHYSICAL HARM, INJURY, LOSS OR LIABILITY, DUE IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, USE OR MISUSE OF THE PRIZE.
- BY ACCEPTING THE PRIZE, YOU AGREE TO USE OF YOUR NAME, ADDRESS, LIKENESS AND/OR PRIZE INFORMATION FOR PROMOTIONAL PURPOSES (INCLUDING THE WINNER’S LIST) IN ANY MEDIUM WITHOUT ADDITIONAL COMPENSATION TO THE EXTENT PERMITTED BY LAW.
10. GENERAL CONDITIONS: This Sweepstakes is void outside of the Sweepstakes States and where prohibited, taxed or otherwise restricted by law. All applicable federal, state and local laws and regulations apply. The Sweepstakes Parties are not responsible for late, lost, incomplete, undeliverable, misaddressed or misdirected entries, mail, email or other communications; errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices and their settings or transmission lines; data corruption, theft or destruction; or unauthorized access to or alteration or loss of Sweepstakes-related information or materials. Sponsor reserves the right to restrict participation from any IP or MAC address or device if suspicious activity is detected or suspected. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider or for insufficient space in user’s email account to receive email. The Sweepstakes Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes if for any reason this Sweepstakes cannot be conducted as designed or intended. If Sponsor modifies, terminates or suspends this Sweepstakes, Sponsor will post a notice at www.AlltownFresh.com and, if time and circumstances allow, determine procedures for awarding the prize. Sponsor reserves the right, at its sole discretion, to disqualify any participant from this Sweepstakes or any other promotion conducted by Sponsor or any of its affiliates or subsidiaries if such participant’s fraud or misconduct disrupts the intended execution of this Sweepstakes. Sponsor also reserves the right to correct errors or inconsistencies in promotional materials or in the announcement of the prize. If Sweepstakes-related promotional materials and theseOfficial Rules are inconsistent, then the Official Rules shall govern with respect to this Sweepstakes. Sponsor, its parent, affiliates and subsidiaries undertake no liability or responsibility, and make no warranties, express or implied, with respect to any failure to perform or negligent performance of any of their service providers assisting with execution of this Sweepstakes.
CAUTION: Any attempt by any individual to deliberately undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Sponsor reserves the right to seek damages to the fullest extent permitted by law.
12. WINNER’S NAME: To request the winner’s name, send a stamped, self-addressed (#10) envelope to: Alltown Fresh National Avocado Day Sweepstakes Winner, c/o Kel & Partners, 21 Drydock Ave, Boston, MA 02210 (request must be received by August 3, 2021).For protection of winner’s privacy, only winner’s first name, first initial of last name and state of residence will be provided.
13. SPONSOR: Global Montello Group Corp., 800 South Street, Suite 500, Waltham MA 02453.
Trademarks and logos associated with Alltown Fresh are registered or pending with the U.S. Patent and Trademark Office and used under license. All other trademarks are the property of their respective owners.