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Sweepstakes Rules

BrightFarms | Giveaway Terms & Conditions

A: OFFICIAL RULES Enter for a chance to win one (1) month supply of BrightFarms 4 oz. lettuce, an assortment of Compostic eco-friendly cling wrap, and resealable bags (the “Sweepstakes”). By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the sponsor of the Sweepstakes, BrightFarms, Inc. (“Sponsor(s)”), which are binding and final on matters relating to this Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.  Sweepstakes is not sponsored, endorsed or administered by, or associated with, Instagram.  

  1. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. Void where prohibited by law.  Open to legal residents of the United States with a permanent residence in one of the following states: Alabama, Connecticut, Washington DC, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Vermont, Wisconsin, and West Virginia. Entrants must be 18 years or older at the time of entry.
  Sponsors, prize provider, and prize provider’s advertising and promotion agencies (and each of their employees, parents, affiliates, subsidiaries) and their respective immediate families and household members are not eligible to enter or win.  
  1. TO ENTER. Entries must be submitted between 01:00:01 p.m. Eastern Time (“ET”) on Tuesday, November 21, 2023, and 08:59:59 p.m. ET on Sunday, November 26, 2023 (the “Entry Period”).
  There are two (2) ways to enter:  
  1. Instagram:
    1. Like the giveaway post
    2. Follow @brightfarms and @compostic.co
    3. In the comments, tag someone who loves eco-friendly living (each tag = 1 comment, unlimited number of entries)
    4. Giveaway closes at 8:59pm EST on 11/26/23
  The combination of a), b), and c) will be your “Entry” into the Sweepstakes.  Entrants must have an Instagram account to enter using this method. To get an Instagram account, go to Instagram.com and create an account. Creating an account is free.  
  1. Mail-In Entry:
    1. Legibly print your full name, postal address, valid email address, phone number, and date of birth on a piece of paper or a 3”x5” index card, write down BrightFarms Giveaway, and mail it to Sponsor’s address below.
    2. To be eligible, mail-in entries must be postmarked by November 21, 2023, and received by Sponsor no later than November 26, 2023.
    Limit one (1) Entry per person during the Entry Period, regardless of entry method.  Entrants using multiple Instagram accounts may be disqualified.  Duplicate Entries and Entries generated by script, macro, other automated means, or by any means which subvert the entry process will be void.  Each entrant is solely responsible for any and all uses of his/her registered Instagram account.   Right to disqualify: Sponsor reserves the right, at any time, to verify the validity of entries and to disqualify any user who participates in a manner that is not in accordance with these Official Rules or who tampers in any way with the entry process. Sponsor reserves the right to disqualify any individual from further participation in the Giveaway if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Giveaway; (b) failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Giveaway; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. This expressly includes but is not limited to any attempt to enter this Giveaway by using multiple email addresses, registrations, usernames, or identities, entries generated by a script, computer programs, macro, programmed, robotic or other automated means, more than the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, 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 OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.  
  1. DRAWING. Three potential winners (the “Potential Winners”) will be selected from all eligible Entries in a random drawing to be held on or about November 26, 2023. Odds of winning depend on the number of eligible Entries received.
  1. WINNER NOTIFICATION. Potential Winners that submit an Entry via Instagram will be notified by an Instagram direct message from @brightfarms may be asked to provide the Potential Winner’s email address and mailing address for verification and prize fulfillment purposes only.
  Potential Winners that submit a Mail-In Entry will be notified via email from info@brightfarms.com to the email address provided. Potential Winner, in Sponsor’s sole discretion, may be required to: (A) verify his/her/their eligibility by completing, signing, having notarized, and returning an Affidavit of Eligibility/Liability Release; (B) where requested and lawful, signing a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation); (C) completing a U.S. tax form W-9 (when requested by Sponsor); and/or (D) supply a copy of their Driver’s License or government-issued I.D within two (2) days of date of issuance, or such earlier date specified by Sponsor. If such documents are not returned to Sponsor within the specified time period, prize notification is returned as undeliverable, or Potential Winner is not in compliance with these Official Rules, the Prize will be forfeited and, at Sponsor’s discretion, an alternate Potential Winner may be selected.  A Potential Winner is not an official winner (“Winner”) until Sponsor receives Winner’s Affidavit of Eligibility and notifies him/her that he/she is a Winner.   If a Potential Winner: (a) does not respond after the first attempted contact from Sponsor within 48 hours of the initial notification attempt, (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, or is otherwise unable to deliver the prize for reasons beyond its reasonable control, such Potential Winner will be disqualified and the prize awarded to an alternate winner as determined by random draw from the remaining eligible entries, if time permits.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  
  1. PRIZES. Winners will receive a 30-day supply of BrightFarms lettuce (valued at $120), and an assortment of Compostic eco-friendly cling wrap and resealable bags (valued at $50). Total ARV of $170
  Prize is awarded “as is” with no warranty or guarantee, either express or implied, and is subject to availability, blackout dates, and expiration dates. Details of the Prize may change, based on availability. Sponsor reserves the right to substitute the Prize or portions thereof if Prize cannot be awarded as described. Sponsor will determine all elements of Prize in its sole discretion.   Sponsor disclaims all and any liability for the actual provision, quality, or nature of any third party product or service related to the Prize. Sponsor is not liable for injuries, losses, or damages of any kind arising from participation in this Sweepstakes and use of the Prize. Sponsor is not responsible for what happens to the Prize after they are delivered. Winner must comply with any third party terms and conditions applicable to the redemption and use of the Prize. Winner may not substitute, assign, or transfer the Prize or redeem the Prize for cash.   Winner is responsible for all applicable federal, state, and local taxes, as well as any other costs and expenses associated with the Prize. Winner forfeits any unused portions of the Prize. The awarding of any Prize is contingent on full compliance with these Official Rules. If a Winner is found to have violated the Official Rules or otherwise does not meet eligibility criteria, that Winner will forfeit the Prize and the Prize may be awarded to an alternate winner.  
  1. PRIVACY AND PUBLICITY. Except where legally prohibited, by entering and providing the required entry information, Winner consents to be photographed by or on behalf of the Sponsor and permits Sponsor, its parent corporations, subsidiaries, affiliates, agents, and assigns, to use Winner’s name, likeness, photograph, city or town of residence, Entry, and any materials Winner submits to Sponsor (“Entrant Materials”) in all media, throughout the World, in perpetuity, and for any purpose (including advertising, publicity, and/or trade purposes), without notice to Winner and without further compensation. Entrants agree that Sponsor may use their Entrant Materials and any other personally identifiable information collected or used in connection with the Sweepstakes in accordance with the privacy policy posted on www.brightfarms.com. By participating in this Sweepstakes, Entrants also agree to the privacy policies and terms of Instagram.   Entrants further agree that Sponsor has the right to use the Entrant Materials in combination with such other material as Sponsor in its sole discretion shall determine, and that Entrants have no right of approval, claim to compensation or benefits claim, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity arising out of any use of Entrant Materials.
  1. RELEASE; LIMITATION OF LIABILITY. By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor(s), suppliers of the Prize(s), Instagram and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of any awarded prize including any travel/activity related thereto; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without separate compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which it may withhold in its sole discretion.
  Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries or email for whatever cause or other errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of any website associated with the Sweepstakes.   By participating, Entrants agree that Released Parties will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize or participation in this Sweepstakes.  In the event of a dispute regarding Entries received from multiple users having the same account, the authorized subscriber of the account at the time of entry will be deemed to be the Entrant and must comply with these Official Rules.  Authorized account subscriber is the natural person who is assigned an email address by the internet service provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses, or who is assigned the social media account by the social media platform, as applicable.   Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred not to exceed $500, including costs associated with participating in this Sweepstakes but in no event attorneys' fees and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, 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.  
  1. TAMPERING. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an Entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the sweepstakes.
  1. ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
  1. GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, Entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action.
  1. LIST OF WINNER(S). The list of winner(s) will be made available upon request after winner confirmation is complete by Instagram direct message to either @brightfarms or by email to info@brightfarms.com.
  1. SOCIAL MEDIA DISCLAIMER. By entering this Sweepstakes, entrants agree to release Instagram, its affiliated entities and their respective officers, directors, shareholders, agents, employees and representatives from any and all claims, demands, causes of action, losses, expenses, costs and liabilities of any nature whatsoever that the entrant may have against any of them which may arise out of or in connection with this Sweepstakes.
  Instagram. Per Instagram rules, this Sweepstakes is in no way sponsored, administered, or associated with Instagram, Inc. By entering, entrants confirm that they are 13+ years of age, release Instagram of responsibility, and agree to Instagram’s terms of use.   Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of this Facebook page and not to Facebook.  
  1. THIRD PARTY TRADEMARKS. Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply endorsement or sponsorship of this Sweepstakes or of Sponsor.
  1. SPONSOR(S): BrightFarms, Inc., with its offices located at 50 S. Buckhout St. Suite 202, Irvington, NY 10533; Compostic Limited, 97 Williamson Ave, Grey Lynn, Auckland 1021NZ