WISH FARMS STAY COOL SUMMER GIVEAWAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. Open to legal residents of the United States and the District of Columbia, age 18 or older as of Sweepstakes Entry Period. Void where prohibited. Odds of winning depend on number of eligible Entries received. Sweepstakes starts at 12:00 p.m. ET 6/21/2023 and ends at 11:59 p.m. ET on 6/25/2023. For full Official Rules visit https://wishfarms.com/wish-farms-2023-stay-cool-summer-giveaway/. Administered by Wish Farms, 2262 Pixie Way, Plant City, FL 33563.
Administrator: Wish Farms 2262 Pixie Way, Plant City, FL 33563 (“Administrator”)
- Eligibility: Wish Farms Stay Cool Summer Giveaway (the “Sweepstakes”) is open only to natural persons who are legal residents of the United States and who are 18 years of age or older at time of entry. Void in Puerto Rico and where prohibited or restricted by law. Employees, agents and representatives of Administrator, and/or any of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, and immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or household members (whether or not related) of each are not eligible. All United States federal, state and local laws and regulations apply.
- How to Enter: During the Sweepstakes Entry Period, use your web-enabled mobile device with a camera, and launch the Instagram application. All terms and conditions of Instagram.com apply. From your Instagram account, follow @wishfarmsberries, if you are not a follower already. You can search for “@wishfarmsberries” in the Instagram application or visit www.instagram.com/wishfarmsberries in an internet browser to locate and follow. To enter the Sweepstakes, you must:
- Follow @wishfarmsberries Instagram account.
- ‘Like’ the giveaway reel on Instagram.
- Tag another Instagram user in the comments (an “Entry” or “Entries”).
Odds of winning depend on the number of eligible Entries received during the Sweepstakes Entry Period.
- Additional Entries: During the Sweepstakes Entry Period, each time you create a new comment and accurately tag an account in that comment on the giveaway post you receive a new entry. There is no limit on the number of comments one can make. No duplicate tags. If you share the giveaway post to your Instagram story tagging @wishfarmsberries, you will receive one (1) additional Entry. Story posts are limited to one (1) entry per person, per day. Any additional content added to the post by the Entrant must comply with these Official Rules and include the hashtag “#ad” conspicuously on the post.
- Entrant Identification: All participants who have duly completed and submitted an entry shall be referred to collectively as the “Entrants” or individually as an “Entrant”. Entries will not be acknowledged or returned. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an Instagram account by Instagram. Potential winners may be required to show proof of being an authorized account holder. Entries made by bots or other automated devices or by commercial sweepstakes subscription or entering services are ineligible.
- Standard Data Service Plans Apply: You must have a data service plan with your wireless service provider or wireless internet service for your web-enabled mobile device and a device that supports the Instagram application to enter. Administrator does not charge for participation in the Sweepstakes, but you are responsible for all charges and fees associated with data usage, cellular access, and other fees imposed by your wireless provider. By entering this Sweepstakes, you understand that your data rates may apply.
- Prize(s): One Winner (the “Winner”) will receive:
- Wish Farms: Igloo Cooler valued at $50 and a $50 VISA e-gift card
- Total value of $100 (the “Prize”).
Odds of winning depend on the number of eligible Entries received during the Sweepstakes Entry Period.
- Conditions Applicable to Prize: The potential Winner will be notified via a direct message on Instagram. If a potential Winner does not respond within 24 hours of the first notification attempt, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential winner, such potential Winner will forfeit the Prize and an alternate potential winner may be selected. The approximate retail value of the Prize shall not exceed $100, and all costs, taxes, fees, and expenses associated with the Prize not specifically addressed above are the sole responsibility of the Winner. The Prize can only be accepted by the Winner in whole. In the event that the Prize is rejected by the Winner, the Winner shall not be entitled to claim any part of the Prize that he/she has refused and Administrator shall be released of any obligations pertaining to such refused part of the Prize.
- Winner Notification and Selection of Winner: The Winner will be selected via a random drawing process and notified on June 26, 2023. Winner will be subject to verification of eligibility and compliance with these Official Rules. In the event the Winner fails to comply with all the conditions set forth herein or is otherwise ineligible, the Winner will forfeit the Prize and a new Winner will be selected.
- Content of Entry: An Entry into the Sweepstakes may not contain any content that is lewd, obscene, sexually explicit, pornographic or contains nudity, disparaging, defamatory, derogatory toward any ethnic, racial, gender, religious, professional or age group, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Administrator in its sole discretion. An Entry must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promote any activities that may appear unsafe or dangerous or promote any particular political agenda or message. An Entry must not defame, misrepresent or contain disparaging remarks about Administrator, other people or companies. Any content submission must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity, including, without limitation, trademarks and copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media). If Sweepstakes entry requires submission of a photo, you must have permission of the photographer. If individuals are included in your photo, you must provide all signed releases and consents necessary (if requested by Administrator) to permit the exhibition and use of the entry by Administrator as set forth in these Official Rules. If any person appearing in your entry is under the age of majority in his/her state, the signature of a parent or legal guardian is required on the release (if requested by Administrator). An Entry must not contain the name, likeness, voice or other indicia of any person, including celebrities, without the consent of that person. An Entry must not contain any personally identifiable information such as license plate numbers, personal names, e-mail addresses or street addresses. An Entry may not identify any commercial content, including, without limitation, any trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, which must be used in compliance with these Official Rules. An Entry must not communicate messages or images inconsistent with the positive images and/or goodwill of Administrator. An Entry must not violate any law. An Entry may not have been previously published or submitted for any other promotion, and may not have won previous awards.
- Bound By Entry: By entering this Sweepstakes, you accept these Official Rules and agree to be bound by the decisions of Administrator, which are final and binding. By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Administrator, in its sole discretion, may disqualify your Entry for any reason at any time if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules or otherwise contains unacceptable content. You agree that you will not use the Entry for anything other than personal use after Entry submission, including no use of the Entry for commercial or professional purposes, sweepstakes or contest entry, without the express consent of Administrator in each instance.
- RELEASES, LIMITATIONS OF LIABILITY AND DISCLAIMERS: By submitting an Entry, each Entrant grants, and represents and warrants that the Entrant has the rights and authority necessary to grant Administrator and the Released Parties (as defined below) an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, adapt, copyright, publish, transfer, use and distribute the Entry and all elements of such Entry, including, without limitation, the likenesses of any locations and individuals embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. Although Administrator is under no obligation to post or feature your Entry, you hereby grant permission for the Entry to be displayed or featured on Wish Farms’ social media or digital sites, and by others promoting Wish Farms’ sites, and in other promotions and/or advertisements at any time without your prior approval or consent, and without compensation to you or any third party. You agree that Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting or featuring of any Entry and reserve the right to remove any posted or featured Entry at any time and/or for any reason. Administrator, Instagram and each of their respective promotion and advertising agencies, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and all respective officers, directors, employees, representatives and agents, as well as each of their respective successors, representatives and assigns (collectively, “Released Parties”) shall have no liability, are hereby completely released, and shall be held harmless by entrants for any damage, loss, rights, claims or liability to person or property, due in whole or part, directly or indirectly, by reason of participation in this Sweepstakes or the award, acceptance, use, or misuse of any prize (or portion thereof) , including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Entrants will indemnify, defend and hold harmless Released Parties from any claims, liability, damage, loss, injury or death to persons or property caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in the Sweepstakes (or any activity related thereto); acceptance, possession, use or misuse of any prize; use of entrant’s name or city/state to announce the winners of the Sweepstakes; or use of winner’s name, city/state, voice, likeness, biographical information, entry, statements attributed to winner (if true) or city of residence, for publication, advertising and promotional purposes. The Administrator is not responsible or liable for any events beyond their control that cause this Sweepstakes to be stopped, including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of entries, nor are they responsible for any problems or technical malfunctions of any telephone networks or telephone lines, online systems, servers, or providers, equipment, software, failure of any email or entry to be received by Administrator on account of technical problems, human error, filtering or traffic congestion on the internet or at any web site, including any injury or damage to entrant’s or any other person’s computer or mobile device relating to or resulting from participation in this Sweepstakes. If, for any reason, this Sweepstakes is not capable of being conducted as planned, including due to tampering, unauthorized intervention, typographical errors, technical failures, fraud, low participation, or any other causes beyond the reasonable control of the Administrator, the Administrator reserves the right at its sole discretion to cancel, terminate, modify, or suspend this Sweepstakes. The Administrator further reserves the right in its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
- Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) 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 (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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.
- Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. By entering (or participating in any Sweepstakes-related activity), Entrants (and others) agree that all proceedings shall exclusively take place in the courts located in Tampa, Florida.
- Copy of Rules and Winners’ List: For a copy of the Official Rules or Winners’ List, send a self-addressed, stamped envelope with your request to Wish Farms, 2262 Pixie Way, Plant City, FL 33564.