SWEETANGO® APPLE
HANDLE WITH CARE RETAILER QUIZ
TERMS & CONDITIONS
| What we originally wanted to say: | What our attorneys turned that into (the Official Rules): |
| You don’t have to buy anything from us to take our quiz or receive our prize. Now go have fun with it. | NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS QUIZ. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. |
| You must be at least 18 years old. Modern society doesn’t like it when companies talk to kids.Only currently-employed produce department personnel are eligible. We know that the produce department is the envy of the store, and everyone loves SweeTango® apples, but we have to draw the line somewhere. Seriously, dude, we reserve the right to confirm your employment with your store.Only our retail customers can play. To find out if we are your store’s SweeTango supplier, check any SweeTango carton for “Pepin Heights Orchards, Inc.” or “All Fresh GPS”.One entry per person, and per address. If you try to sign up for a prize more than once, we will disqualify you as an un-nice person. | Eligibility. The HANDLE WITH CARE RETAILER QUIZ (the “Quiz”) is only open to entrants who, as of the entry date, are legal U.S. residents, are at least eighteen (18) years of age or older, and are currently employed produce department personnel of a Participating Retailer. Sponsor reserves the right to confirm your employment with your Participating Retailer. The Quiz is void outside the U.S. and where prohibited or restricted by law. Employees, officers, directors, sales representatives, and distributors of Pepin Heights Orchards, Inc., a Minnesota corporation whose principal place of business is 1753 Highway 61 South, Lake City MN 55041 (the “Sponsor”), Next Big Thing, A Growers’ Cooperative, a Minnesota cooperative association, All Fresh GPS, LLC, a Michigan limited liability company, and employees, officers, or directors of any of the foregoing or their members, parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of such employees, officers, or directors are not eligible to enter. “Participating Retailers” means only retailers that Pepin Heights Orchards, Inc. and All Fresh GPS supply SweeTango® apples to. Limit one (1) Prize per person and per address. |
| Entries must be received by November 26, 2014 at midnight, Central time. After that, Happy Thanksgiving! | Timing. The Quiz begins at 12:01 a.m. Central Time on September 1, 2014 and ends at 11:59 p.m. Central Time on November 26, 2014 (the “Entry Period”). |
| If you play our game, you agree to play by our rules. | Agreement to Terms & Conditions. By participating in the Quiz, you fully and unconditionally agree to be bound by and accept these Terms & Conditions and the decisions of Sponsor (including, but not limited to, decisions regarding eligibility of entries, the selection of winners, and the awarding of Prizes), which are final and binding in all respects. The Quiz is subject to all applicable federal, state, and local laws. |
| Our online course is quick, and the online quiz is easy. But we also know that some people are creeped out by online forms. So if you write to us and ask nicely, we’ll mail you a printed quiz. | How to Enter. To enter the Quiz, complete the following steps:Go to www.sweetango.com/retailer-quiz (the “Website”).Read and study very closely the content on the Website (there will be a quiz!).Answer the quiz questions on the Website and submit the quiz for grading (by clicking on the “I WANT MY PRIZE” button).Fill in your contact information on the next page of the Website and your acknowledgement to the terms provided therein, and submit your Quiz results to claim your Prize. Sponsor cannot be held responsible for incomplete or incorrect entries to the Quiz or technical problems submitting an entry, so fill in your contact information completely and accurately and confirm your entry was sent if you want to receive your Prize.You may also request a printed Quiz form by mailing, on an approximately 3” x 5” piece of paper, your full name, address, city, state, zip code, phone number, and email address to:Pepin Heights Orchards, Inc.
Handle with Care Retailer Quiz 1753 Highway 61 South Lake City, MN 55041 Mailed-in requests for a printed Quiz form must be received by Sponsor during the Entry Period. Upon your receipt of the printed Quiz form, complete the Quiz and contact information, and mail to Sponsor the completed printed Quiz form. Completed printed Quiz forms must be received by Sponsor by December 5, 2014. Mailed-in completed printed Quiz forms will be handled in the same manner as are Quiz entries submitted via the Website. |
| Everyone who enters will get a prize. So your odds of getting a prize are perfect. Rewards will be delivered within a reasonable time. We define “reasonable,” but it should be before Christmas. | Odds; Notification. Each entrant completing the Quiz (as provided in Section 4) will receive one (1) Prize. Prizes will be mailed via first class mail to the contact information provided in your Quiz entry within a reasonable time after December 8, 2014. |
| The prize is ten bucks! | Prizes. Each entrant completing the Quiz (as provided in Section 4) will receive a Ten Dollar ($10.00) prize (retail value: $10.00) (the “Prizes”). All taxes arising from the Prizes are your sole responsibility. The Prizes are not transferable or assignable. No prize substitutions are permitted, except by Sponsor which reserves the right to change or replace the Prizes with prizes of comparable or greater retail value at any time. |
| We might give winners a shout-out on Facebook or Twitter, or some such. | Publicity. Except where prohibited by law, by participating in the Quiz, you consent to and grant Sponsor and its subsidiaries, affiliates, and advertising and promotional agencies, the right to use of your name, biography, likeness, voice, photographs, video, opinions, hometown, state, and country for promotional purposes in any manner or media (including, without limitation, online) worldwide, in perpetuity, and without further payment, consideration, or consent. |
| We hate it when people misuse our information, so we won’t do that to you. We promise we will only use your personal information to send your reward, and maybe to keep in touch with you about SweeTango (unless you’ve already opted out of future communications). | Personal Information. By entering the Quiz, you give your express permission to Sponsor to collect, store, and use any personally identifiable information that you may provide to Sponsor as part of the Quiz. Entrants provide personal information on the Quiz entries. Sponsor collects and uses this information (a) to administer the Quiz and the provision of Prizes; (b) to send future marketing and educational information regarding SweeTango® apples; and (c) for market research and other marketing purposes. Sponsor may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select corporate partners, who may use it for market research and marketing purposes. Entrants will be given an opportunity to “opt-out” of receiving marketing or promotional communications from Sponsor upon submission of the Quiz. Consenting to receive such emails and information (by not “opting-out”) is optional, and is not necessary to enter or win this Quiz, nor will it affect your chances of winning or increase the Prize amount. |
| Stuff happens. If we have to change our plans a bit, we will.We reserve the right to refuse any entry that we think might be fake. So anyone coincidentally named, for example, Napoleon Dynamite or Daryl Dixon shouldn’t enter. | General Conditions. Additions or deletions to these Terms & Conditions may be made at any time at the sole discretion of Sponsor. Sponsor may modify, suspend, or terminate the Quiz at any time, and for any reason that it may determine in its sole discretion, including but not limited to, in the event of any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Quiz or Website, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Quiz or the Website. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Quiz or Website, or causes another to do so, or to be acting in violation of these Terms & Conditions or in a disruptive manner or to be submitting fraudulent entries in the Quiz. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS QUIZ IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute waiver of that provision. |
| Our hands will be tied if you don’t give us all the information we need to send your prize. So take care to fill the form out completely. | Limitations of Liability. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries, entries received through impermissible or illegitimate channels, or entries not received for any reason, all of which will be disqualified; (b) technical failures of any kind, including but not limited to, the malfunctioning of any computer equipment, website, the Website or Quiz, network, hardware, or software; (c) the unavailability of inaccessibility of the Website; (d) unauthorized intervention in any part of the entry process or the Quiz; (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Quiz or the processing of entries; (f) any injury or damage to persons or property, including but not limited to, entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Quiz, or from viewing, submitting, or downloading any material from the Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website by a hyperlink. |
| Yeah, the attorneys came up with this all on their own. | Release. By entering, you forever and irrevocably release and hold harmless Sponsor and its divisions, affiliates, agents, advertising and promotion agencies, and Quiz partners and prize suppliers, and all of their respective employees, officers, directors, shareholders, and agents from and against all claims, damages, or liabilities arising in whole or in part, directly or indirectly, from your participation and/or entry in the Quiz and/or your award, receipt, or use of any Prize awarded in the Quiz. |
| Disputes; Choice of Law. The Quiz shall be governed by the laws of the State of Minnesota and: (a) any and all disputes, claims, and causes of action arising out of or connected with the Quiz shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Hennepin County, Minnesota; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) no punitive, incidental, special, consequential, or other damages may be awarded. Under no circumstances shall Sponsor’s aggregate liability to any entrant of the Quiz exceed Ten Dollars ($10.00). | |
| Sponsor. This Quiz is being administered by Sponsor. The address at which Sponsor may be contacted is 1753 Highway 61 South, Lake City, MN 55041. |
Thanks again for taking good care of our SweeTango® apples!