Avocado Survey Rules

Avocado Survey Study

Official Rules

DESCRIPTION: The “Avocado Survey Study" (the "Study") will begin on Wednesday, June 9th 2021 and end at 11:59pm Pacific Time ("PT") on June 30th, 2021 or when the total number of available responses are received (the “Study Period”). A sponsor of this Study is FruitStand, LLC, 71 South Los Carneros Rd., Goleta, CA 93117 (the "FruitStand"). FruitStand is running this Study in coordination with its parent entity, Apeel Technology, Inc. (“Affiliate” and together with FruitStand “Sponsor”). Any information provided by an “Entrant”, as detailed in Section 2 below, will be used in compliance with each Sponsor’s Privacy Policy and the terms described in Section 11 below.

ELIGIBILITY: Study is open only to legal United States residents residing in the forty-eight (48) contiguous United States or Washington, D.C., and who are at least eighteen (18) years of age and the age of majority in their state of primary residence at the time of entry (“Entrant”). In the event of a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Employees, owners, shareholders, officers and directors of Sponsor (collectively, the “Study Entities”), and each of Sponsor’s parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the Immediate Family Members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Study. For purposes of the Study Household Members shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step- parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.

HOW TO ENTER: During the Study Period, take the 2021 Avocado Survey Study and submit your email address on the final question of the survey. Limit one (1) entry per person, per e-mail address, and per household during the Study Period via online entry, regardless of whether a person has more than one address or more than one person uses the same address. All entries must be submitted in accordance with these Official Rules and in compliance with the criteria and restrictions below. Entries must be received by 11:59:59 pm PT on June 30th, 2021.

Limit one (1) entry per person for the duration of the Study. No automated entry devices and/or programs permitted. Duplicate entries by the same person will be subject to disqualification. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods may void that Entrant's entries and result in disqualification of that Entrant, at Sponsor’s discretion. All entries become the property of the Sponsor and receipt of entries will not be acknowledged or returned. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES.

NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Participation in the Study constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.

SELECTION AND NOTIFICATION: At the conclusion of the Study Period, the first two hundred and fifty (250) potential Prize winners (each a “Winner”) will be selected based on the time the Study was completed. Potential Winners will be notified on or about July 10th, 2021 via email from the Sponsor to the email address submitted with the potential Winner’s entry. If Prize is awarded but goes unclaimed or is forfeited by recipient, no alternative recipients will be selected. Upon Prize forfeiture by a potential Winner, for any reason, no compensation will be given. ALL FEDERAL, STATE AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

ODDS OF WINNING: Odds of winning depend on the number of eligible entries received and the time they are received.

PRIZES: There are Two Hundred Prizes available. Each Prize consists of one (1) One Ten Dollar ($10.00) Amazon gift card. The approximate retail value of each Prize is Ten Dollars ($10.00). (2) A box of Apeel's Snack Box Avocados, including Shipping.  The approximate retail value of each Prize is Fifteen Dollars ($15.00).  Cumulative Total of All Prizes: Fifteen Hundred Dollars ($3000.00). Limit one Prize per person. Prior to receiving a Prize, Prize Winners cannot assign or transfer their Prize claim to another person. No cash alternatives or prize substitution is allowed except at the discretion of Study Entities. If a Prize cannot be awarded due to circumstances beyond the control of the Study Entities, a substitute prize of equal or greater retail value may be awarded. No refunds or credit for changes are allowed. Other restrictions may apply.

CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Study Entities, which shall be final in all respects. By participating in this Study and/or by accepting any prize, each Entrant agrees to release the Study Entities, and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Study and/or acceptance or use of a Prize. Each Entrant authorizes the Sponsor and its designees to use his/her name, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a Winners’ list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity related thereto, or from participation in the Study; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use a Prize (or portion thereof) for any reason and such Prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Study. Sponsor is not responsible if Study cannot take place or if any Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, acts of government or civil authority, natural disasters, weather, epidemics, or acts of terrorism. Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Study. Study Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Study (or any portion of the Study) at any time should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Study and, in such situation, will randomly select the Winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Study Entities. Study Entities may disqualify Entrant from participating in the Study or winning a Prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Study by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Study Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE Study MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE Study. SHOULD SUCH AN ATTEMPT BE MADE, Study ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE Study, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Study, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THIS Study AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

INDEMNITY: Winners shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Study; (b) a breach or allegation which if true would constitute a breach, of any of winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.

GOVERNING LAW/JURISDICTION: This Study 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 Study, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Study, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.

ARBITRATION PROVISION: By participating in this Study, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Study, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Study. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

PRIVACY POLICY: Any personal information supplied by Entrant to Sponsor will be subject to each Sponsor’s privacy policy posted at https://fruitstand.com/policies/privacy-policyandhttps://www.apeel.com/privacy-policy. By entering the Study, Entrant grants Sponsor permission to collect, use and share Entrant’s email address and any other personally identifiable information with the other Study Entities for the purpose of Study administration,Prize fulfillment, and researchand marketing purposes, and acknowledges that Entrant has read and accepted each Sponsor’s privacy policy.

WINNERS /OFFICIAL RULES: To obtain a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to "Avocado Study Winner List or Rules”, 71 South Los Carneros Road, Goleta, CA 93117. Residents of Vermont may omit return postage. Requests must be received within one month after the end of the Study Period.
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