Festival Giveaway Rules



SWEEPSTAKES PERIOD: The Ocean Mist Farms 2015 Artichoke Festival Ticket Sweepstakes (”Sweepstakes”) begins at 8:00 AM Pacific Time (“PT”) on 5/16/15 and ends at 11:59 PM PT on 5/24/15 (the “Sweepstakes Period”).

SWEEPSTAKES OVERVIEW:  The Sweepstakes consists of answering the sweepstakes question “who was crowned Castroville’s first honorary Artichoke Queen in 1948?”in the May 2015 Ocean Mist Farm Artichoke Club Newsletter. To enter, users visit https://www.surveymonkey.com/s/MayNewsGive1.  (A “day” is defined as beginning at 12:00 AM PT and ending at 11:59 PM PT, except for 5/16/15 which begins at 8:00 AM PT).

ELIGIBILITY: The Sweepstakes is open only to legal residents of the (50) United States and District of Columbia (U.S.) who are eighteen (18) years of age or older (“Entrant”). Employees (and the immediate families, spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside, and members of the same household of such employees (whether or not related) of California Artichoke & Vegetable Growers Corporation doing business as Ocean Mist Farms (“Ocean Mist Farms” or “Sponsor”); Nuffer, Smith, Tucker; and their respective parents, divisions, affiliates, dealers, subsidiaries and advertising and sweepstakes agencies, including Nuffer, Smith, Tucker (“Administrator”), and companies involved in the implementation and execution of the Sweepstakes (collectively the “Sweepstakes Entities”) are not eligible to enter or win prize(s). This Sweepstakes is void in Puerto Rico, and U.S. territories and jurisdictions (including overseas military installations) and where prohibited, and is subject to all applicable federal, state and local laws and regulations.

AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes. Winning prize(s) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: During the Sweepstakes Period, visit the Sweepstakes entry website at https://www.surveymonkey.com/s/MayNewsGive1. Complete and submit the entry form with your name, email address and all other required information (“Entry”). By submitting an Entry, you will receive one (1) entry for a chance to win two (2) tickets to the 2015 Artichoke Festival. THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON PER DAY.  Violation of the entry limit will result in voiding all of your Entries on a given day after your initial Entry; but, should Sponsor/Administrator determine that you have intentionally, repeatedly or blatantly violated the daily Entry limit, you may be disqualified from the Sweepstakes with all of your Entries being declared void. In the event of a dispute over the identity of a potential winner, the Entry will be deemed made by the authorized account holder of the email address provided on the Entry form (or used to log-in, as applicable). The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the email address in question. Each Entry must be manually key stroked by the individual entrant; automated Entries (including but not limited to Entries made using any script, macro, bot, or sweepstakes service) will result in disqualification of the person sending same, with all Entries by such person being declared void. Proof of sending, completing and submitting an Entry form does not constitute proof of Entry.  Receipt of Entries may be acknowledged, but such acknowledgment does not constitute any representation as to Sweepstakes eligibility. Sweepstakes Entities are not liable for incomplete, corrupted, garbled, defective, inaccessible, irregular, lost, late or misdirected Entries, regardless of cause; this includes but is not limited to Entries for the Grand Prize.

WINNER SELECTION AND VERIFICATION: The Administrator’s computer is the official timekeeping device of the Sweepstakes. The Grand Prize winner will be selected from among all eligible Entries received during the Sweepstakes Period. The Grand Prize drawing will be conducted by Administrator on or about 5/25/15. Potential Grand Prize winners will be notified by e-mail. Potential Grand Prize winners will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within (5) days of receipt. If Grand Prize is forfeited or unclaimed for any reason, an alternate winner will not be selected from among all remaining eligible entries received for the Grand Prize drawing.



Odds of winning the Grand Prize depend on the number of eligible Entries received for the Grand Prize drawing.  

PRIZE RESTRICTIONS: Prizes may not be transferred or assigned in any manner. Any and all unspecified expenses in conjunction with prize acceptance/use are winner’s sole responsibility. Transportation to and from the festival, lodging and food are not included in the prize. Prizes (tickets) will be only be available for pick up at will call at Gate 5 at the Monterey County Fair & Event Center under the sweepstakes winner name. All taxes on prize(s) are the winner’s sole responsibility.

GENERAL CONDITIONS/RELEASE: By participating in the Sweepstakes, Entrants (a) release and hold harmless Sweepstakes Entities, their respective directors, officers, agents and employees, as well as Facebook, Instagram, Twitter and all other social media platforms used to promote the contest, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including but not limited to the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of any prize; and (b) if a prize winner (except where prohibited by law), irrevocably consents to the use by Sponsor and its designees of his/her name, hometown, likeness, statements and other personally identifiable information for sweepstakes, advertising and marketing purposes in any media throughout the world without additional consideration, consent or prior review, and upon request will provide written consent in the form of an Affidavit/Release to such use. Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data, omission, interruption, deletion, defect, failures of any computer equipment, software, inability to access any online service or any website, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, DEFRAUD SPONSOR/ADMINISTRATOR, OR OTHERWISE 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 COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes or any part of it is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which, in the sole and absolute opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor/Administrator reserves the right at its sole discretion to cancel the Sweepstakes or any part of it. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Sweepstakes website and the prizes for such affected part(s) of the Sweepstakes will be made available to be won in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Entries not complying with all rules are subject to disqualification.  This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Pinterest, Google+ or any other social media platform. 

GOVERNING LAW/JURISDICTION/DISPUTE RESOLUTION: This Sweepstakes is subject to all federal, state and local laws and is void where prohibited. Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in Monterey County, California; (b) 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 (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Ocean Mist Farms’ Privacy Policy, available at www.oceanmist.com/privacy-policy.

WINNERS: To receive Sweepstakes results (winners list consisting of winners of major prizes), email artichokeclub@oceanmist.com after 6/1/2015.

SPONSOR: California Artichoke & Vegetable Growers Corporation doing business as Ocean Mist Farms, 10855 Ocean Mist Parkway, Castroville, CA 95012.

ADMINISTRATOR: Nuffer, Smith Tucker, 4045 3rd Avenue, Suite 200, San Diego, CA 92103.

© 2015 All Rights Reserved.