NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. THE SWEEPSTAKES IS OPEN TO RETAIL PRODUCE MANAGERS AT PARTICIPATING RETAILERS AGED 18 OR OLDER WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. ELIGIBILITY:NatureSweet® Cherubs® Trade Incentive Sweepstakes (“Sweepstakes” or “Promotion”) is open only to retail produce managers at participating retailers aged 18 or older who are legal residents of the 50 United States and District of Columbia at time of entry (“participants” or “contestants”). Members of the immediate family or of the same household of employees, officers, and directors of Desert Glory Ltd. (“Sponsor”), Alcone Marketing Group (“Administrator”), and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the Sweepstakes are not eligible. "Immediate family" means children and siblings of such individuals regardless of where they reside. Void where prohibited. Participation is subject to any participating retailer policy governing participation of employees in trade promotions. NatureSweet® Cherubs® Trade Incentive Sweepstakes (“Sweepstakes” or “Promotion”) is open only to retail produce managers at participating retailers aged 18 or older who are legal residents of the 50 United States and District of Columbia at time of entry (“participants” or “contestants”). Members of the immediate family or of the same household of employees, officers, and directors of Desert Glory Ltd. (“Sponsor”), Alcone Marketing Group (“Administrator”), and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the Sweepstakes are not eligible. "Immediate family" means children and siblings of such individuals regardless of where they reside. Void where prohibited. Participation is subject to any participating retailer policy governing participation of employees in trade promotions.
2. SWEEPSTAKES PERIOD: Sweepstakes begins on March 15, 2009 at 12:00:01 A.M. Pacific Time (PT) and ends on May 15, 2009 at 11:59:59 P.M. (PT) There will be eight (8) Entry Periods as follows:| Entry Period | Entry Period Start Date | Entry Period End Date |
| #1 | March 15, 2009 | March 28, 2009 |
| #2 | March 29, 2009 | April 4, 2009 |
| #3 | April 5, 2009 | April 11, 2009 |
| #4 | April 12, 2009 | April 18, 2009 |
| #5 | April 19, 2009 | April 25, 2009 |
| #6 | April 26, 2009 | May 2, 2009 |
| #7 | May 3, 2009 | May 9, 2009 |
| #8 | May 10, 2009 | May 15, 2009 |
3. HOW TO ENTER: The Retail Produce Manager, using NatureSweet® Cherubs® Tomato Packages, should make a retail display and take a photo of Manager’s retail display, and/or end cap, and/or secondary merchandising unit and/or of any signage they make promoting NatureSweet® Cherubs® Tomatoes; access www.cherubstomatoes.com/displaycontest during the Sweepstakes Period; and follow the instructions to enter. Entry Steps:
There is a limit of three (3) Sweepstakes photo entries per person, per Entry Period for the Sweepstakes Period. For each new week the photo entries must be unqiue to any prior submissions to the Sweepstakes.
All entries must be submitted by 11:59:59 P.M. on the final day of of each Entry Period.
About Photo Entries: Any attempt by individual to obtain more than three (3) entries per weekly Sweepstakes submission period by using multiple/different e-mail addresses, identities, or any other methods will void that participant’s entries and that participant will be disqualified. All entries become the exclusive property of Sponsor, and will not be acknowledged or returned. Any entry which Sponsor, in its sole opinion, deems to be inappropriate for publication or viewing will not be considered.
Photo Specifications: Photo can be in color or black and white. The photo must contain an image as required by Rule 3 above.
Use of Photos, Entries and Names: By submitting a name, entry and photo, individual: (a) grants a license to Sponsor and its agents to post the photo and/or use participant’s name on the website, www.cherubstomatoes.com or any other website related to the Sweepstakes, or in trade and consumer advertising, at any time or times, and participants shall have no right of notice, review or approval of any such use and/or participant’s name, (b) acknowledges and agrees that the photo and/or his/her name may be used in whole or in part, alone or in combination with other works, and that the photo may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor; and warrants and represents that participant has received all rights, releases and permissions which may be necessary from the photographer of the photo to grant this license for the use of the photo as stated.
By entering, each participant represents and warrants that:
(i) participant’s photo is the photo of that participant’s retail display as required by Rule 3;
(ii) the photo is the sole, exclusive, and original creation of participant and has not been copied in whole or in part from any other work; and,
(iii) does not violate or infringe any logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,
(iv) is the sole and exclusive property of participant; and,
(v) has not been published, or submitted in any other competition.
Sponsor will not respond to any questions about an entry or the Sweepstakes. Once an entry is submitted, it cannot be changed, altered or modified.
4. SELECTION OF THE WINNERS: Winner of each Entry Period will be randomly selected within five (5) days of the end of each Entry Period from among all entries timely received for the Entry Period. (Entries not selected will be retained for any subsequent random drawings). Winners will be notified by email and will be requested to confirm by email within five (5) days of notification of their acceptance of the prize. Upon such confirmation, name of winner will be posted on website and prize will be shipped to winner. Failure to respond to email notification may cause prize to be forfeited and an alternate winner selected.
5. PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): (8) First Prizes (one per Entry Period): Digital Video Camera. ARV: $200.
6. PRIZE RESTRICTIONS: If a winner is not permitted to receive prizes from manufacturers, a donation will be made to a charity of winner’s choice for the stated value of the digital video camera. Sponsor reserves right to substitute prize in whole or in part with prize of comparable or greater value if advertised prize becomes unavailable. Limit of one prize per person for the duration of the Sweepstakes. If a prize cannot be accepted or donated to a charity of winner’s choice, prize will be forfeited in its entirety and to the extent feasible will be awarded to an alternate winner.
7. GENERAL CONDITIONS: By participating, entrants agree (a) to be bound by these Official Rules and the decisions of Sponsor and its agents, which decisions shall be final and binding in all matters relating to the Sweepstakes; (b) that Sponsor, its agents, their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any and all liability for any injuries, losses or damages, rights, claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or intellectual property, or rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, in connection with the acceptance, possession, misuse or use of the prize or participation in any Sweepstakes related activity; (c) that they have read and understand the Privacy Policy and Terms of Use as described below in section 10; (d) participants who do not comply with these Official Rules, or who attempt to interfere with this Sweepstakes in any way shall be disqualified and (e) by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, his/her picture, and statements and prize information, and entry photo(s) (and notwithstanding anything to the contrary in these Official Rules license the use of the entry photo to Sponsor, which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide, and on the Internet and/or World Wide Web, without notice or review or approval. Participants acknowledge that no representation or warranty, written or oral, express or implied, in law or in fact is made for any prize except only that which may be made for that prize in the limited written warranty, if any, provided with that prize by the manufacturer of that prize. Winning photos will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then winner irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her photo, including but not limited to all copyright and trademark rights, in the United States and worldwide, therein, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law that winner may now or later feature in the photo. Upon request of Sponsor, winner shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred hereunder, and the waiver of all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law; and to record and perfect same. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the transfer and/or assignment.
8. LIABILITY LIMITATIONS: Participation in sweepstakes online is subject to the Privacy Policy and Terms of Use at www.cherubstomatoes.com. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE, DO NOT ENTER THE SWEEPSTAKES, PROVIDE ANY PERSONAL INFORMATION ON THE WEBSITE OR OTHERWISE USE THE WEBSITE. The Releasees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Sweepstakes-related materials and in the event of any inconsistency between Sweepstakes-related materials and these Official Rules, these Official Rules shall govern and control, (b) technical failures of any kind including but not limited to electronic, hardware or software program, network, telephone (including wireless devices and/or handsets), Internet, website, ISP availability or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the administration, collection and processing of photo entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected or incomplete or inaccurate photo entries or regular or express mail; (e) unauthorized human intervention in any part of the entry process or the Sweepstakes; (f) any error or condition that may cause the Sweepstakes to be disrupted or corrupted, regardless of the cause; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or receipt or use or misuse of any prize. If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Sweepstakes, provided that, it is possible to award another photo entry prior to discontinuance of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Sweepstakes or any portion thereof should the Sweepstakes be incapable of running as planned, including viruses, bugs, technical difficulties, unauthorized intervention, suspected or actual electronic tampering, fraud, or other causes for any reason corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. No more than the stated number of prizes shall be awarded. In the event of cancellation, termination or suspension, notice thereof will be posted at www.cherubstomatoes.com/displaycontest and select winners from among all eligible photo entries legitimately received immediately prior to the event causing the termination or suspension. Sponsor reserves the right to void any photo entries determined by Sponsor in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. Sweepstakes, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of Texas without regard to choice of law or conflict of law principles (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas; (2) any dispute, claims and causes of action arising out of or connected in any way with the Sweepstakes 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 Texas; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (4) under no circumstances will participant be permitted to obtain awards for, and 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.
9. WINNERS LIST: For the names of the winners, mail a self-addressed first class stamped envelope to: Alcone Marketing Group “Cherubs Trade Incentive Program” Sweepstakes Winners, 4 Studebaker, Irvine, CA 92618 for receipt by 6/30/09.
SPONSOR: Desert Glory, Ltd. San Antonio, TX 79249