1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access is required to enter. Open to legal residents of the 50 United States or District of Columbia, aged 18 or older at time of entry. Void where prohibited by law. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who, since October 1, 2009, were or are employees or agents of Diamond Foods, Inc. (“Sponsor”); its parent companies, affiliates, or subsidiaries; or the service agencies, promotion agencies, or independent contractors of any of the above organizations; (b) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this sweepstakes; or (c) employees of, persons in the immediate family (spouse, siblings, parents, grandparents, or children) of, or persons living in the same household as any person in any of the preceding categories. Sweepstakes starts at or around 8:00:00 a.m., Pacific time (PT), on December 28, 2009, and ends at 11:59:59 p.m., PT, on February 8, 2010 (“Promotion Period”). Sponsor’s clock is the official time-keeping device for this promotion.
2. HOW TO ENTER. To enter, access www.FeedYourFingers.com during the Promotion Period and follow the entry instructions. Complete the information requested in the information fields (name; address [no P.O. boxes]; birth date; daytime phone number, including area code; and e-mail address). When your registration is complete, click Submit (once submitted, an entry cannot be deleted, canceled, or modified). Limit of one entry, per person, e-mail address, or household address. You may enter the promotion under one name and one e-mail address only. Enter using only an e-mail address subscribed and registered in your name. All entries must be received by 11:59:59 p.m., PT, on February 8, 2010. In the event of a dispute about entries submitted by multiple individuals using the same e-mail account, entry will be deemed to have been submitted by the authorized subscriber of the e-mail account used to enter the sweepstakes at the actual time of entry. The authorized e-mail-account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet-access provider, online-service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Multiple entries per person/e-mail address in excess of the daily limit or any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes-entry services) are prohibited and will void all entries by that entrant. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Entries will not be returned and become the property of Sponsor.
3. PRIZE AND ODDS OF WINNING. Potential winner will be selected on or about February 15, 2010, by random drawing from all eligible entries received. Prize award is subject to winner compliance with these rules and verification. Grand Prize (1): A trip for two (2) to Dallas, Texas. Trip consists of round-trip, coach air transportation for winner and one (1) adult guest from a major commercial U.S. airport near winner’s home to Dallas, Texas; four (4) nights’ lodging (standard accommodations, double occupancy); and two (2) tickets to the football game in Dallas, Texas, on February 6, 2011. Approximate Retail Value (ARV): $17,300. ARV of prize package may vary, depending on point of departure. Blackout dates and restrictions may apply. The odds of winning depend on the number of eligible entries received. Important Notice: Trip must be taken on dates specified by Sponsor. If the winner and their guest cannot travel on the dates specified by the Sponsor, the prize will be forfeited in its entirety. Trip requires 21-day advance reservations. Winner and guest must travel together on the same itinerary. All travel arrangements must be made through a travel agent selected by Sponsor. Winner will be responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these rules. If any event is delayed, postponed, or canceled for any reason, winner will not be reimbursed for tickets. Game tickets are subject to standard rain-check policies and procedures. Winner agrees the game tickets are awarded pursuant to a revocable, nontransferable license personal to the winner. Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate, or otherwise convey any game ticket received as a prize. A violation of these restrictions shall revoke the winner’s license, and the game tickets will not be honored. Other restrictions may apply. Any difference between approximate value and actual value of the trip prizes will not be awarded in cash. Grand Prize winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost or stolen airline tickets will not be replaced or exchanged. The random drawing and awarding of prize will be conducted under the supervision of Sponsor’s promotion agency, an independent judging organization, whose decisions are final and binding in all matters pertaining to this sweepstakes. Entrants agree to be bound by these Complete Official Rules and the decisions of the Sponsor and judging organization. The odds of winning depend on the number of eligible entries received during the Promotion Period.
4. GENERAL CONDITIONS. Potential winner will be notified by phone, e-mail, or private delivery service (at Sponsor’s sole discretion) and will be required to sign, have notarized, and return an Affidavit of Eligibility, Release of Liability and where legal, Publicity Release within five (5) business days of notification. Winner’s guest must be 18 years of age or older and will be required to sign, have notarized, and return a Release of Publicity and Liability within the time specified. In the event of noncompliance, if the winner cannot be reached using the contact information provided on that winner’s entry, or if the prize or prize notification is returned as unclaimed or is undeliverable for whatever reason beyond the control of Sponsor, the prize will be forfeited and an alternate winner will be selected provided sufficient time exists to verify alternate winner before the trip. No substitution of any prize will be offered in whole or in part. No prize transfer will be permitted in whole or in part. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. All federal, state, and local taxes, and any fees and surcharges on prizes are the sole responsibility of prizewinner. By participating and accepting a prize, where permitted by law, winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, the right to print, publish, broadcast, and use—worldwide in any media now known or hereafter developed, including, but not limited to, the Internet and World Wide Web—at any time(s), that winner’s name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional compensation or review.
5. RELEASE OF LIABILITY. All entrants agree to hold harmless and release Sponsor and Sponsor’s promotion agency; their parent companies, affiliates, subsidiaries, divisions, officers, directors, agents, and employees; and all others associated with the development and execution of this Web site and sweepstakes (“Released Parties”) from any and all alleged and/or actual claims, actions, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys fees) with respect to or in any way arising now or in the future from this sweepstakes, participation in any sweepstakes and/or prize-related activity, and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, or damage or loss of any other kind. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users, by any of the equipment or programming associated with or used in the sweepstakes, or by any technical or human error that may occur in the processing of submissions in the sweepstakes. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; theft, destruction, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment or computer software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participant’s or to any person’s computer related to or resulting from participating in this sweepstakes or downloading materials from this Web site. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the sweepstakes or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the sweepstakes is not capable of running as planned due to, but without limitation, infection by computer virus, worm, or bugs; tampering; unauthorized intervention; fraud; technical failures; or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes and determine winner from those entries submitted prior to any disruption of the promotion. Released Parties shall not be liable to winner or any other person for failure to execute the sweepstakes or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
6. DISPUTES. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this sweepstakes, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Joaquin County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participants’ actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and participant further waives all rights to have damages multiplied or increased.
7. WINNERS LIST. For the names of the prizewinner, send a U.S. self-addressed, stamped envelope to Feed Your Fingers Football Sweepstakes Winner List, P.O. Box 1750, Golden, CO, 80402-1750 by February 8, 2010.
8. SWEEPSTAKES SPONSOR. Diamond Foods, Inc., 600 Montgomery St., 17th Floor, San Francisco, CA 94111.
The NFL and its member teams are not sponsors of nor otherwise affiliated with this promotion.