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Wholly Guacamole® OMGuac Contest Official Rules No purchase necessary to enter to win Contest Dates Entrants may participate in the contest by submitting their name, email address, zip code and photo of their OMGuac lunch once a week on the OMGuac landing page at www.eatwholly.com/omg. Entries will be accepted, as outlined herein, beginning 12:00:01 AM CST, August 05, 2013 through 04:59:59 PM CST on September 27, 2013 ("Contest Period"). All entries must be submitted and received within the Contest Period. Any entries not received within the Contest Period will not be eligible and such entries will not be considered. How to Enter Online entries can be submitted only via Wholly Guacamole® OMGuac landing page at www.eatwholly.com/omg. Entrants must agree to these Official Rules and then click “Submit Entry” during the Contest Period to enter. Entry Guidelines Throughout the contest period the 8 drawings will take place every Friday beginning Friday, August 9, 2013. Each entry can only be submitted once per week. There is no limit on how many times during the contest period an entrant can enter the contest, as long as it is not more than once per week. Fresherized Foods’ products need not be purchased to be eligible to win. By entering this contest, you consent to being placed on a mailing list for promotional and other purposes. Eligibility This contest is open to legal United States residents who are 18 years of age or older as of August 5, 2013 or the age of legal majority in their state of residence as of date of entry. Current employees of Fresherized Foods, its members, sponsors, subsidiaries, affiliates, owners, administrators, officers, directors, vendors, counsel and any such employees’ immediate family living in the same household are not eligible to enter or win the contest. Winner Selection A panel of Judges selected by Fresherized Foods (“Judges”) will judge all eligible entries based on the creativity and originality of each entry. A predetermined specific amount of winners will be chosen each week. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of this contest. The decision of the Judges is final and binding on all matters relating to this contest. Odds of winning a prize depend on number of eligible entries received and the quality of the entries received, as judged pursuant to these Official Rules. Winners During the Contest Period, weekly winners shall be selected on the specific Judging Dates (Dates outlined below) for those eligible entries received within the corresponding Week Start and End Dates to win a Weekly Prize. Winners will be notified by the email address provided when entering the contest. Your first name and last name may be published on the Website, or such other packaging, marketing and promotional materials as determined in the sole discretion of Fresherized Foods. They will be required to execute and return an affidavit of eligibility, authenticity, liability/publicity release and assignment of rights in less than 7 days of notification or the prize will be forfeited and an alternate winner selected. All entrants acknowledge and agree that entries become the exclusive property of Fresherized Foods, which reserves the right to edit, modify, copyright and publish them for advertising, public relations and promotional purposes in any media without compensation, with or without credit being given to the entrant. By entering the contest, you agree to the use of your name and/or photo(s) for advertising and promotional purposes without compensation. Failure to comply will result in the selection of an alternate winner. All winners will be posted on www.eatwholly.com/omg the following Monday after the end of the previous week. Week Number: Week Start and End Dates: Winner Selection: 1 08/05/2013 9:00:01AM CST – 08/9/13 4:59:59PM CST 08/9/13 5PM CST 08/9/2013 5:00:01PM CST – 08/16/13 4:59:59PM CST 08/16/13 5PM CST 2 08/16/2013 5:00:01PM CST – 08/23/13 4:59:59PM CST 08/23/13 5PM CST 3 4 08/23/2013 5:00:01PM CST – 08/30/13 4:59:59PM CST 08/30/13 5PM CST 5 08/30/2013 5:00:01PM CST – 09/06/13 4:59:59PM CST 09/06/13 5PM CST 6 09/06/2013 5:00:01PM CST – 09/13/13 4:59:59PM CST 09/13/13 5 PM CST 7 09/13/2013 5:00:01PM CST – 09/20/13 4:59:59PM CST 09/20/13 5PM CST 8 09/20/2013 5:00:01PM CST – 09/27/13 4:59:59PM CST 09/27/13 5PM CST Prizes Weekly Prize: Three (3) Weekly Prize will be awarded each week of the Contest Period, to the top three entrants to the Week Start and End Dates outlined above. One (1) $100 Visa Gift Card One (1) Lunch Box ($20 retail value) including Wholly Guacamole product, not to exceed a value of $40.00. The value of the prize may be taxable as income to the winner of the prize, and all federal, state and local taxes associated with each prize are the sole responsibility of its winner as applicable. No substitution or transfer of prizes is permitted, except in the sole discretion of Fresherized Foods. All prizes shall be awarded, provided that the winners are eligible and that the prizes are properly claimed. Visa is not affiliated, a sponsor or endorse this promotion. The prizes will be shipped in 4-­‐6 weeks after the receipt of the signed affidavit. General Conditions •
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The contest will be governed by these Official Rules. By participating in this contest, all participants agree to be bound by these rules and the decisions of Fresherized Foods and its agents, whose decisions are final on all matters relating to this contest. This contest is void where prohibited by law and it is subject to all federal, state and local laws and regulations. Fresherized Foods and its member corporations, subsidiaries, and affiliates and the officers, directors, agents and employees of any such companies are not responsible for and shall not be liable for: (i) lost, misdirected, unintelligible, improperly formatted, damaged, incomplete or late entries; (ii) any act, failure to act, delay or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an entrant’s or other person’s computer related to or resulting from participating in this contest, or accessing, downloading or uploading materials relating to this contest; (iv) any conditions caused by events beyond the control of Fresherized Foods that may cause this contest to be disrupted or corrupted; (v) any losses or damages of any kind resulting directly or indirectly from acceptance, use or misuse of any prize awarded in the contest or from participating in this contest; or (vi) any errors in any materials relating to this contest. Fresherized Foods reserves the right, in its sole discretion, to cancel, modify, terminate or suspend this contest without notice if causes beyond Fresherized Foods’ control corrupt the administration, security, or operation of this contest. Any attempt by an entrant or any other individual to deliberately damage, interfere with or undermine the legitimate operation of this contest is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these full Official Rules does not constitute a waiver of that provision. If for any reason this contest is not capable of running as planned; or if this contest becomes corrupted or does not allow the proper playing of the contest and/or processing of entries in accordance with these full Official Rules for any reason; or if tampering, unauthorized intervention, actions by entrants, fraud or any other causes in the sole opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at it’s sole discretion, to disqualify any entrant who tampers with the entry process; void any entries submitted fraudulently, modify or suspend the Contest or terminate the Contest and conduct a random drawing to award the weekly prize from all eligible, non-­‐suspect entries (at Sponsor’s sole discresion.) General Release. •
By entering the contest, you release Fresherized Foods and any party associated with this contest from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. •
It is the sole responsibility of each entrant to notify Fresherized Foods as to any changes in entrant’s email address, mailing information, contact information, or personal information. Contest Void Where Prohibited or Restricted by Law •
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This contest offer is void where prohibited or restricted by law and is subject to applicable federal, state, local laws and regulations. Arrangement for the fulfillment of all prizes will be made by Fresherized Foods. Receipt of any prize is conditioned upon compliance with any and all applicable federal, state and local laws, rules and regulations. Everything on the Website and any prizes awarded for this contest are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, on non-­‐infringement. These limitations or exclusions do not apply where prohibited by law. By entering this contest, each entrant agrees to indemnify, release and hold harmless Fresherized Foods and their respective employees, officers, directors, representatives, and agents from any injuries, loss, death, damage, action, claim, demand or other liability of any kind that may occur from entrant’s participation in this contest or from the acceptance, possession, use or misuse of any prize awarded, or participation in any contest-­‐related activity. As a condition of participating in this contest, each entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected to the contest, shall be resolved individually (without resort to any form of class action) exclusively by binding arbitration to be held in the State of Texas, County of Tarrant, which arbitration shall apply the laws of the state of Texas without regard to conflict of laws doctrine. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages. Winners List Request for the winner’s list can be made by sending a self-­‐addressed stamped envelope to Fresherized Foods, c/o OMGuac Contest 300 Burlington Road Saginaw, TX 76179. The final winner’s list will be available by mail on November 1st, 2013. Sponsor: Fresherized Foods, 300 Burlington Road Saginaw, TX 76179 Administrator: Sq1 Agency, 1801 N. Lamar, Suite 300 Dallas, TX 75201