Blue Diamond Nut-Thins 2 Win

Flip and Win Game & Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. A VALID EMAIL ADDRESS IS REQUIRED.

  1. PROMOTION TIMING:

The Nut-Thins 2 Win Game & Sweepstakes (the "Sweepstakes" and "Game," as defined in Paragraph 3, and referred to collectively as the " Promotion") begins on Monday, June 3, 2019 at 12:00:01 a.m. Eastern Time ("ET") and ends at 11:59:59 p.m. ET on Saturday, August 31, 2019 (the "Entry Period"). Administrator's designated database clock will be the timekeeper for this Promotion. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Blue Diamond Growers, 1802 C Street, Sacramento, CA 95811 (the "Sponsor") and COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the "Administrator"), whose decisions shall be final and legally binding in all respects.

  1. ELIGIBILITY:

The Promotion is open to legal residents of the 50 United States and the District of Columbia eighteen (18) years of age or older (or the age of majority in the state in which you reside) at the time of entry (" Entrant"). Sponsor, Administrator, and each of their respective directors, officers, shareholders, employees, affiliates, subsidiaries, distributors, and agents, including but not limited to their respective advertising and promotion agencies, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the promotion agents (collectively, the " Sweepstakes Entities"), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. All eligible entries may be reviewed for compliance with these Official Rules and, if compliant, will be entered in the Promotion. Promotion shall be void where prohibited or restricted by law.

  1. HOW TO ENTER: Each time you play the Game you earn one (1) entry in to the Grand Prize Sweepstakes

You may enter online ONLY: Follow these directions:

Sweepstakes:

Game:

Limit: One (1) entry/Game play per person per day (ET).

Winning dates and times for the simulated Game play are randomly predetermined under the supervision of the Administrator and will not be disclosed to entrants. The first entrant to play the Game on or after each predetermined winning date and time will determine which prize or offer is won.

AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME PORTION OF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR COPIES OF SCREEN CONTENT OR ANY OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.

SWEEPSTAKES DRAWING: A random drawing will be conducted by the Administrator on Thursday, September 5, 2019, from all eligible entries made during the Entry Period, to select one (1) Grand Prize winner.

WARNING: ANY ATTEMPT BY AN ENTRANT OR OF ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF ANY SUCH ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.

  1. PRIVACY POLICY/USE OF DATA:

By entering, Entrants agree that personal data ("Personal Data"), including, without limitation, the Entrants' name and address, may be processed, shared and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Official Rules. Entrants also agree that such Personal Data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Promotion . While the Sponsor is committed to undertaking reasonable measures to protect the privacy, accuracy and reliability of the Personal Data submitted and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction, the Sponsor notes that the internet is not a perfect service medium and data transmission is not guaranteed to be secure. The Sponsor uses, and will use, a variety of security measures to insure the security of the Personal Data collected during the Promotion . However, the Sponsor cannot and does not warrant the security of the Personal Data which is submitted as part of the Promotion and cannot and does not warrant that such Personal Data will not be intercepted unlawfully by third parties. When any information is provided to the Sponsor as part of the Promotion , including Personal Data, such submission is done at the Entrants own risk.

Use of Data. Please review Sponsor's privacy policy at http://www.bluediamond.com/privacy and the Administrator's privacy policy at https://cfapromo.com/privacy/. By participating in the Promotion , Entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policies. The personal information collected in this Promotion may be shared with the Sweepstakes Entities and other related parties participating in this Promotion . You are supplying information to the Sponsor and Administrator. Such terms and conditions are being made a part of these Official Rules and incorporated herein by reference.

Notwithstanding the foregoing, all Entrants acknowledge that if they are chosen as a prize winner, certain of their personally identifying information may be disclosed on a legally required Winner's list.

If you opt to access the Promotion via your wireless mobile device or tablet, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion . Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.

NOTE: Entry must be made by the Entrant only. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion is prohibited and any entries deemed by Sponsor or Administrator, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.

  1. PRIZES/ODDS/APPROXIMATE RETAIL VALUE ("ARV"):

Only the prizes listed below will be awarded in this Promotion. Odds of winning depend on the number of eligible entries received.

INSTANT WIN GAME PRIZES (90 instant win prizes). All prizes are randomly seeded throughout the Entry Period.

Ninety (90) $25 Gift Card to a supermarket of your choice: ARV $25 each. Winner may select from the following Supermarkets: Walmart, Kroger, Target, Safeway/Albertsons, Ahold, or Wakefern.

If gift card is not able to be purchased online, as determined by the Administrator in its sole discretion, winner will receive a check for $25.00.

ONE (1) SWEEPSTAKES GRAND PRIZE : Odds of being selected are based on the number of entries received.

Sweepstakes Winner will have the opportunity to select one (1) of one-hundred sealed envelopes, and will open it to reveal one of the following prizes:

· One (1) envelope will contain the $100,000 Grand Prize (see details below). Odds of Winner selecting this envelope 1:99

Grand Prize details: The Sponsor, in its sole discretion, reserves the right to determine the date, time and location of the Grand Prize event. Should the $100,000 envelope be opened as the single drawn envelope, the remaining 99 sealed envelopes and the sealed master envelope must be returned as instructed in order to claim the Grand Prize.

Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor's sole discretion. Prize and/or offers are not redeemable for cash (excluding cash prize). Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.

All taxes are the responsibility of the winner. Prize will be awarded only if the prize winner fully complies with these Official Rules. Only one (1) of the 100 hundred game envelopes may be opened to determine which prize has been revealed (no exceptions). Complete instructions will be issued to the potential winner.

  1. SWEEPSTAKES WINNER SELECTION AND NOTIFICATION:

A random drawing will be conducted by the Administrator on or about Thursday, September 5, 2019, from all eligible entries made during the Entry Period, to select one (1) Grand Prize potential winner. Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Potential prize winner will be notified by phone and/or by email or mail, whichever is deemed appropriate by the Administrator, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within three (3) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate prize winner will be selected from all remaining eligible entries. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and the prize will be awarded to an alternate prize winner.

Potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The Grand Prize winner will complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release and W-9 tax identification form within three (3) business days, consenting to the publication of his/her name in any media for any promotional purpose relating to the announcement of the winner of the Sweepstakes, without further compensation. If a potential winner cannot be contacted, or if he/she fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period or if notices are returned as undeliverable, an alternate prize winner will be selected from all remaining eligible entries.

  1. TAXES:

Any Winner with Prize values of $600 or over must supply Sponsor and/or Administrator with their social security number. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is $600 or over. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner's responsibility.

  1. LIMITATION OF LIABILITY:

By participating in this Promotion, Entrants agree that the Sweepstakes Entities, and each of their respective parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, designees and agents (collectively, "Released Parties") are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable email notifications, direct messages, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any web users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to any Promotion-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize. Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor's sole discretion, be disqualified.

By participating in the Promotion, each Entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules and (ii) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (a) the Promotion , including, but not limited to, any Promotion-related activity or element thereof, and the Entrant's entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties' control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Promotion, any Promotion-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant's (or any third person's) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (p) the negligence or willful misconduct by Entrant or (q) any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

Without limiting the foregoing, everything regarding this Promotion, including the prize components, is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

  1. PUBLICITY RELEASE:

Acceptance of any prize constitutes prize winner's permission for the Sweepstakes Entities to use prize winner's name, photograph, likeness, voice, biographical information, statements and state name (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.

  1. DISPUTES:

AS A CONDITION OF ENTERING THE PROMOTION, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR SELECTED BY AND IN ACCORDANCE WITH THE EXPEDITED RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), WHICH MAY BE FOUND ON AAA'S WEBSITE AVAILABLE AT HTTPS://WWW.ADR.ORG/AAA/SHOWPROPERTY?NODEID=/UCM/ADRSTG_004103&REVISION=LATESTRELEASED. IF AAA IS NOT AVAILABLE FOR ANY REASON OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE TO SELECT AN ARBITRATOR UNDER THE RULES OF ANOTHER ALTERNATIVE DISPUTE RESOLUTION PROVIDER; (III) AT ENTRANT'S REQUEST, SPONSOR WILL ADVANCE THE COST OF THE INITIAL FEES ASSOCIATED WITH ARBITRATION, PENDING THE ARBITRATOR'S DETERMINATION OF ENTRANT'S ABILITY TO PAY AND THE APPROPRIATE DISTRIBUTION OF FEES; (IV) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES; (V) ANY ARBITRATION UNDER THIS ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET. SEQ.), AND NOT BY ANY STATE LAW CONCERNING ARBITRATION, EXCLUSIVE OF ANY CONFLICT OR CHOICE OF LAW RULES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA IN RENDERING AN AWARD; (VI) THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN CALIFORNIA; (VII) ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AS A JUDGMENT IN ANY FEDERAL DISTRICT COURT WHERE EITHER THE ENTRANT OR SPONSOR RESIDES; AND (VIII) IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHT IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE SHALL BE UNENFORCEABLE

  1. DISQUALIFICATION/FORCE MAJEURE:

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to disparage, annoy, abuse, threaten or harass any other person. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

In the event (a) an insufficient number of Eligible Entries are received, (b) a virus, bugs, or entrant fraud or misconduct affect or corrupt the administration, integrity, security or proper operation of the Promotion, (c) Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms, or (d) Sponsor is prevented from awarding the prize or continuing with the Promotion as contemplated herein by any event beyond his control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control, then Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such selection process shall be each Entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded.

  1. WINNERS LIST:

To obtain the name of the Promotionprize winners, send a self-addressed stamped envelope to: Nut-Thins 2 Win (Winners), PO Box 2274, Framingham, MA 01703-2274. List will be available after 9/10/19. All such requests must be received by 9/23/19.

The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.

Sweepstakes Administrator - www.cfapromo.com

BLUE DIAMOND and NUT-THINS are the registered trademarks of Blue Diamond Growers. Copyright © 2019 Blue Diamond Growers. All rights reserved.

Blue DIamond Nut-Thins 2 win 2019 v-6.2