Promotions

1. ELIGIBILITY.  Sweepstakes open to individuals legally residing in the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence (whichever is older) at the time of entry.  Employees, officers, directors, and agents of Sponsor, and its parents and affiliates, agencies, distributors, wholesalers, and retailers, and members of such employees’ and agents’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win any Sweepstakes.  Void where prohibited or otherwise restricted by law.

2. TO ENTER.  The Sweepstakes begins at the time the applicable Sweepstakes post is published on Instagram (“Sweepstakes Post”) and ends on the date and at the time specified in the Sweepstakes Post (“Sweepstakes Period”). During the Sweepstakes Period, follow the instructions in the Sweepstakes Post to receive one (1) entry into the Sweepstakes. Such instructions may ask you to:
   
   a. PHOTO:  Take a photo, log into your Instagram account, and publish a post on your Instagram account with the photo (“Photo”).  The only person you may include in the Photo is yourself.  No third parties or third party images or logos are permitted in the Photo.
   b. RE-SHARE: Re-post (and, to the extent applicable, edit) content from Sponsor’s Instagram account onto your own Instagram account.
   c. FOLLOW:  Follow Sponsor’s Instagram account and/or a third party’s Instagram account through the Drawing Date set forth in Section 4 below.
   d. TAG:  Tag a friend of yours in Sponsor’s Instagram post or in a reply to one of Sponsor’s Instagram posts.  Ensure you have permission from your friend to tag them as instructed in the Sweepstakes Post.
   e. COMBINATION:  Any combination of the foregoing.

Follow these instructions as well as those found in the Sweepstakes Post to receive one (1) entry into the Sweepstakes (“Entry”).  If the Sweepstakes Post requires you to create a separate post (an “Entry Post”), log in to your Instagram account and ensure your account settings allow Sponsor to view your account posts (i.e., your account is public).  In addition to any hashtags required in the Sweepstakes Post, ensure your Entry includes the hashtag “#Sweepstakes.”  Publish your Entry on your Instagram account page and have the Entry remain publicly posted through the end of the applicable Drawing Date.    LIMIT: One (1) Entry per person per Sweepstakes.

Individuals must have an Instagram account to participate in the Sweepstakes.  To sign up for an Instagram account, visit www.Instagram.com.  Instagram’s Terms of Use apply.  BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT THE ENTRY MAY BE USED IN AND/OR IN CONNECTION WITH SPONSOR’S ADVERTISING, INCLUDING ON ITS WEBSITE AND SOCIAL MEDIA CHANNELS, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right (but not the obligation) to publish, use, publicly display the Entry in any way, in any and all media, without limitation, and without consideration or notification to you.  All Entries must comply with the following guidelines:

• Entry must comply with these Official Rules and Instagram’s Terms of Use;
• Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Entry cannot promote alcohol, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message, or any activity which promotes excessive drinking, binge drinking, drinking beyond the legal permissible limit, etc.;
• Entry cannot include any materials relating to lotteries or gambling;
• Entry cannot include individuals under legal age of majority without providing a signed release from parent or legal guardian;
• Entry cannot be obscene or offensive, endorse any form of hate or hate group;
• Entry cannot defame, misrepresent or contain disparaging, libelous, tortious or slanderous remarks about Sponsorm, its products or services, or other people, products or companies;
• Other than as expressly set forth in these Official Rules, Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Other than as expressly set forth in these Official Rules, Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Sweepstakes.  Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
• No background artwork should appear in an Entry unless it is an original work of the entrant or otherwise expressly permitted by these Official Rules.  Any artwork, murals, etc. (other than those expressly permitted in these Official Rules) that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
• Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
• Entry cannot depict, and cannot itself, be in violation of any law.

If you think an Entry infringes your intellectual property rights, click on the applicable link if you wish to report it: https://‌help.‌instagram.‌com/‌454951664593304.  Sponsor reserves the right to waive these Sweepstakes Entry guidelines in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, to request that you resubmit your Entry if Sponsor determines that your Entry fails to comply with the Sweepstakes Entry guidelines.  By submitting an Entry you warrant and represent that it (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness, or voice is used in the Entry; and (f) that publication of the Entry via various media including web posting, will not infringe on the rights of any third party rights.  You agree to indemnify and hold harmless, Sponsor from any claims to the contrary.

3. PRIZE DETAILS AND RELATED TERMS.  During each Sweepstakes, ONE (1) PRIZE WILL BE AWARDED as described in the Sweepstakes Post (“Prize”).  The approximate retail value (“ARV”) of the Prize will be set forth in the applicable Sweepstakes Post.  Each winner is responsible for any and all applicable fees, service charges, and all insurance costs, federal, state, local and foreign taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize.  Prize is not redeemable for cash and may not be transferred, purchased, sold or bartered.  Lost, stolen, damaged or destroyed Prize items will not be replaced by Sponsor.
   
   If Prize entails ticketed entry into a sports game and/or live event the following will apply: The winner and winner’s guest(s) (if applicable) is/are responsible for any costs and expenses associated with the Prize, including but not limited to transportation, lodging, food and other concessions.  Prize may be subject to additional terms and conditions set forth on the back of the tickets, including but not limited to terms regarding rescheduling due to rain or other reason for event cancellation; the terms and conditions of the tickets awarded as part of any Prize will govern in the event a event is not held due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason.  Sponsor and event producer are not responsible if the event is delayed, postponed or canceled for any reason. Winner will not receive compensation from Sponsor or any third party for tickets that the winner is unable to use for any reason. Winner agrees that the Prize is awarded pursuant to a revocable, nontransferable license and may not be sold, resold, used for any commercial or promotional purpose whatsoever, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed.  Winner and his/her guest may be required to produce government-issued identification prior to entering event venue.
   

4. DRAWING AND AWARDING OF PRIZES.  On or about one (1) day following each applicable Sweepstakes Period (“Drawing Date”), Sponsor will conduct a random drawing from among all eligible Entries received by Sponsor during the applicable Sweepstakes Period.  Sponsor’s decisions will be final in all matters relating to any Sweepstakes.  Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Sweepstakes. The potential winner will be notified by direct message on Instagram within one (1) day of the applicable Drawing Date and must respond to Sponsor within forty-eight (48) hours of attempted notice with any additional information requested by Sponsor.  The potential winner may be required to sign an affidavit of eligibility (which affirms that the potential winner has complied with these Official Rules) as well as a liability release, and where legal, a publicity release, each of which, if issued, must be completed, signed and returned within seven (7) calendar days from date of issuance, or the Prize may be forfeited and awarded to an alternate winner.  If any Prize, Prize notification, or attempted notification is returned as undeliverable or is unanswered in accordance with these Official Rules, the Prize may be forfeited and may be awarded to an alternate winner.  By accepting the Prize, winner acknowledges compliance with these Official Rules.  Sponsor is not responsible for any change of email address, mailing address, social media account information, and/or telephone number of entrants.  Sponsor reserves the right to substitute a prize of equal or greater value if advertised Prize becomes unavailable.  Except where prohibited and to the extent applicable, by accepting the Prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then such winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry.  Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion.  Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules.  Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
   

5. ODDS.  Odds of winning a Sweepstakes depend upon the number of eligible Entries received during the applicable Sweepstakes Period.
   

6. USE OF DATA.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor's privacy policy at https://www.fifthseasonfresh.com/privacy.  By participating in the Sweepstakes, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.  If you are selected as the winner, your information may also be included in a publicly available winner’s list.
   

7. TAXES.  Any valuation of the Prize is based on available information provided to the Sponsor. The value of the Prize will be taxable to winner as income. The winner is solely responsible for reporting and paying any and all applicable taxes.  United States residents that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS.  You must contact your own tax advisor for any questions concerning taxes.
   

8. OTHER CONDITIONS.  By participating, entrants agree to these Official Rules, which are final and binding in all respects and are subject to all federal, state, and local laws and regulations.  Sponsor reserves the right, at its sole discretion, to cancel, modify, or suspend the Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Entries per these Official Rules, or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor.  In the event of modification or suspension, Sponsor shall award the Prize to a winner to be selected in a random drawing from among the remaining uncorrupted eligible Entries.  By entering, entrants agree to release and hold harmless Sponsor, Instagram Inc., and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use or misuse of any Prize (or portion thereof) and for any claims based on publicity rights, defamation, invasion of privacy, and merchandise delivery.  The Released Parties are not responsible or liable for any incorrect or inaccurate Entry information, and assume no responsibility for (i) any error, omission, interruption, defect, or delay in operation or transmission at any website; (ii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website; (iii) communications line, hardware, and/or software failures; (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entries and/or Entry information; or (vi) Entries which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete, or any combination thereof.  The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify Entries made in such fashion.  Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified.  In the event of dispute as to who submitted an Entry, the Entry will be deemed submitted by the Authorized Account Holder of the social media account used to submit the Entry.  “Authorized Account Holder” is defined as the natural person assigned to a social media account by an Internet access provider, on-line service provider or other organization responsible for assigning social media accounts for the domain associated with the social media account in question.  Additional restrictions may apply.
   

9. DISPUTES. Except where prohibited, by entering in the Sweepstakes, you agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Courts of Pennsylvania or the appropriate Pennsylvania State Court located in Alleghany County, Pennsylvania; (ii) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including any costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will any participant be permitted to obtain awards for and you hereby waive 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. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.
   
   These Official Rules and each Sweepstakes are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with a Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof.
   

10. WINNER’S LIST.  For the name of the winner of a Sweepstakes, email help@fifthseasonfresh.com with a link to the applicable Sweepstakes Post in the subject line of your email.  All requests for the winner’s list must be received within ninety (90) days of the end of the applicable Sweepstakes Period.
    

11. SPONSOR.  RoBotany LTD (dba “Fifth Season”), 401 Bingham Street, Pittsburgh, PA 15203.