Arctic® Apples Summer Contest

Contest Overview

Arctic® apples is holding a Summer Contest (the “Contest”) wherein consumers are able to sign up for the Arctic® apples newsletter and be automatically entered to win a Yeti cooler (Tundra 110 model) filled with Arctic® apples. Entries can be submitted from July 15, 2021 to September 30, 2021.

At the end of the entry period, Okanagan Specialty Fruits Inc.’s team will select a winner by random draw from the entrants. The winner of the Contest will be announced within five (5) days following the September 30, 2021 entry deadline.

Official Contest Rules

The Contest Period and Prize:

Contest Period: The Contest begins on July 15, 2021, and ends on September 30, 2021, at 23:59 PDT.

Prize: The individual whose name is randomly selected from the names of all entrants who signed up for the Arctic® apples newsletter will receive a Yeti cooler (Tundra 110 model) filled with Arctic® apples. No cash or other prize substitution shall be permitted except at Okanagan Specialty Fruits Inc.’s discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, provincial, and/or local taxes, shall be the sole responsibility of the contestant. No transfer/assignment of prize to others or request for the cash equivalent is permitted. Acceptance of a prize constitutes permission for Okanagan Specialty Fruits Inc. to use the individual entrant’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

How to enter:

The Contest must be entered by visiting the Arctic® Apples website www.arcticapples.com and signing up to receive the Arctic® apples newsletter. The entry must fulfil all Contest requirements, as specified, to be eligible to win the prize. Entries that are incomplete or do not adhere to these official Contest rules (the “Contest Rules”) or specifications may be disqualified at the sole discretion of Okanagan Specialty Fruits Inc.

Only one entry per person.

Eligibility:

This Contest is only open to legal residents of Canada and the U.S. and is void where prohibited by law. Those who are younger than eighteen (18) years of age as of the date of entry are not eligible. Employees of Okanagan Specialty Fruits Inc., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, provincial, state, and local laws and regulations. Void where prohibited.

How to win and claim prize:

The individual entrant whose name is randomly drawn as the winner of the Contest will be notified through social media messenger within five (5) days following the September 30, 2021 entry deadline. Okanagan Specialty Fruits Inc. shall have no liability for such entrants’ failure to receive notice due to spam, junk e-mail or other security settings or for the entrants’ incorrect or otherwise non-functioning contact information. If such entrants cannot be contacted, are ineligible, fail to claim the prize within five (5) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate entry submission randomly selected. Receipt by such entrant of the prize offered in this Contest is conditioned upon compliance with any and all federal, provincial, state, and local laws and regulations.

ANY VIOLATION OF THESE CONTEST RULES BY THE WINNER (AT OKANAGAN SPECIALTY FRUITS INC.’S SOLE DISCRETION) WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED.

Release and Exclusion of Liability:

By entering this Contest, each and every entrant understands and agrees that Okanagan Specialty Fruits Inc., anyone acting on behalf of Okanagan Specialty Fruits Inc., and Okanagan Specialty Fruits Inc.’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, the entrant’s name photo/video entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

Dispute Resolution:

As a condition of participating in this Contest, participant agrees that any and all disputes that 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 having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.

General Terms and Conditions:

Agreement to Contest Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Contest Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Okanagan Specialty Fruits Inc.as final and binding as it relates to the content of this Contest.

Terms & Conditions: All entries must be original and may not violate or otherwise infringe on a third party’s copyright, trademark, or privacy rights. In addition, entries may not include false claims or defamatory statements. Okanagan Specialty Fruits Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Okanagan Specialty Fruits Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Okanagan Specialty Fruits Inc. may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Okanagan Specialty Fruits Inc. Okanagan Specialty Fruits Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Contest Rules. Okanagan Specialty Fruits Inc. has the right, in its sole discretion, to maintain the integrity of the Contest, and to void votes for a winner if such votes are made by way of an automated software system like a bot, macro, or script, which causes one person to instantly or automatically submit numerous votes. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Okanagan Specialty Fruits Inc. reserves the right to seek damages to the fullest extent permitted by law.

Limitation of Liability: By entering, You agree to release and hold harmless Okanagan Specialty Fruits Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry or voting process; (v) electronic or human error in the administration of the Contest or the processing of entries.

Governing Law and Venue: This Contest is governed by and construed in accordance with the laws of the State of Washington, and without regard to the conflicts of laws principles thereof. By entering this contest, You agree to and consent to the jurisdiction of the state of Washington, and agree that any ligation brought as a result of or arising from this contest shall be conducted in the courts of Chelan County, Washington, or the federal courts for the United States for the Eastern District of Washington.

The Sponsor of the Contest is Okanagan Specialty Fruits Inc.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
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