THE ORIGINAL

US Sweepstakes & Fulfillment

2-6-24

 The All American Original Apple Chip Contest – Seneca Snack Company
Official Rules

NOTICE TO ONLINE ENTRANTS

In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor, their affiliate companies, parents, subsidiaries, officers, directors, and agents are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent administering organization, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to select winners from among all eligible entries received prior to withdrawal.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  OPEN ONLY TO LEGAL RESIDENTS OF THE CONTIGUOUS 48 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. VOID IN AK, HI, PUERTO RICO AND OUTSIDE THE UNITED STATES AND WHEREVER PROHIBITED BY LAW.

Contest Period: The All American Original Apple Chip Contest begins at 12:01 P.M. Eastern Time (“ET”) on May 10, 2024 and ends at 11:59 A.M. ET on September 3, 2024 (the “Contest Period”).  The Contest Entry Period begins May 10, 2024 and ends September 2, 2024 (the “Entry Period”).  One (1)entry will be drawn on each of the following dates: May 28, 2024, July 5, 2024, and September 3, 2024 as winners and will be contacted shortly thereafter.

Eligibility: The All American Original Apple Chip Contest (“Contest”) is open to persons who are at least eighteen (18) years of age at the time of entry and legal residents of the contiguous 48 United States and the District of Columbia only. Void in AK, HI, Puerto Rico, outside the United States and wherever else prohibited by law. Employees of Seneca Foods Corporation (the “Sponsor”), and its subsidiaries, affiliates, sales representatives, distributors, advertising and promotion agencies and members of each of their immediate families (spouses, parents, grandparents, children, siblings and their respective spouses) and those living in the same household of each are not eligible. Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of the terms and conditions described herein (“Official Rules”).

Winning a prize is contingent upon fulfilling all requirements set forth herein. This Contest requires submitting an valid email address and contact information (“Entry”) during the Entry Period.

How to Enter:  To enter the Contest, visit https://senecasnacks.com/allamerican. Then enter the information requested (the “Entry”), check the box to agree to and accept the terms of the Official Rules, and submit. Entries must be received between 12:01 P.M. ET on May 10, 2024 and 11:59 A.M. ET on September 3, 2024.

Entries: There is a limit of one (1) Entry per person per email address during the Entry Period.  Submission of an Entry to The All American Original Apple Chip Contest does not indicate the Entry has complied with the Official Rules. The Sponsor will review all submissions and reserves the right in their sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules without any notification or warning.

All of the terms and conditions as described herein apply to the format of the Entry submission. By submitting an Entry, the Entrant understands and grants to the Sponsor permission for his/her Entry and other Entrant information to be posted on Sponsors, or its affiliates or subsidiaries, Website and used in accordance with the Official Rules. Sponsor reserves the right to post winning Entries on the website it has created in connection with the Contest. Contest parties do not guarantee the posting of any Entry publicity items.

Sponsor reserves the right in their sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules without any notification or warning.

By submitting an Entry, Entrant warrants and represents that: (a) it is the Entrant’s valid email and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not been entered in or won previous contests or awards from Sponsor; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) that Entrant has obtained written permission from any person whose name or likeness is used in the Entry (“Participant”); (f) Entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from the photographer if any photo was photographed by someone other than the Entrant him/herself; (g) publication of the Entry via various media, including posting on the Website, will not infringe on any third-party rights; and (h) Entrant will indemnify and hold harmless the Sponsor, administrative organization, and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest. Sponsor reserves the right to remove, reject or disqualify (along with the Entrants who submitted them) any Entry which, in its opinion or the opinion of the Sponsor, violates any of these Official Rules or is otherwise inappropriate.

Sponsor reserves the right to request proof of written permissions or consents from Participants. By submitting an Entry, Entrant warrants and represents that he/she and any Participants appearing or who are otherwise identifiable in the Entry consents to the submission and the use of the Entry. By participating, Entrant grants Sponsor permission to use his/her name, question, hometown, photograph or image for future advertising and publicity purposes in connection with the Contest in any and all media without additional compensation, notification or permission.

In the event of a dispute, Entries will be deemed made by the authorized account holder of the e-mail address from which the Entry is submitted. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Entries made by any other individual or entity that is not the person named on the submitted Entry or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.

Limit: one vote by valid Facebook account per day during the Public Voting Period.

Prizes: The Contest Winner selected on each of the three dates listed above will be eligible to receive a standard case of Seneca Original Apple Chips.  Only one winning entry per drawing and an Entry that is selected shall not be eligible for the later drawings in this Contest.  Approximate Retail Value (“ARV”) of each case $29.88.

The Total Approximate Retail Value of All Prizes is: $29.88

All costs not included in prize description, and current/future taxes will be the responsibility of the each Contest winner selected..

Limitations of Liability: Sponsor and their agents are not responsible for any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; any computer, online, telephone or technical malfunctions, delays or human errors that occur in the processing, transmission or receipt of Entries or votes; or for inaccurate transcription of Entry/voting information; or for Entries or votes that are stolen, misdirected, garbled, lost or delayed by computer transmissions; or any injury or damage to persons or property, including but not limited to Entrants’ computers, hardware and/or software, which may be caused directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or receipt, redemption or use of any prize.

If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest, and Sponsor may prosecute or seek other legal redress against anyone suspected of engaging in these acts. Sponsor reserves the right to disqualify any Entry at any time during the Promotion Period that may be found ineligible.

By participating in the Contest, Entrant agrees to be bound by these Official Rules, including all eligibility requirements, and agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification.

Incomplete, corrupted or untimely Entries or any Entry generated by a script, macro or other automated means are void and will be disqualified. Sponsor and its agencies are not responsible for incomplete, corrupted or untimely Entries or for incomplete, lost, interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. The Website’s database clock will be the official timekeeper for this Contest. Sponsor, Facebook, Inc., their affiliate companies, parents, subsidiaries, officers, directors and agents are not responsible for any incorrect or inaccurate information, including, without limitation, that caused by Website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or 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, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Entrants or to any other person’s computer related to or resulting from participating or downloading materials in this Contest.  Any attempt by an Entrant to deliberately damage any Website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, 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.

Prize Notification/Acceptance: Each potential winner will be notified by telephone and/or e-mail and confirmed in writing via e-mail or postal mail, at Sponsor’s discretion on or about May 28, 2024, July 5, 2024, and September 3, 2024. If the Winner in each drawing cannot be reached within five (5) days from the first notification attempt, then such potential winner will be disqualified and an alternate winner will be selected. Acceptance of prize must be confirmed within five (5) days from the time personal or electronic contact is made with each potential winner, otherwise each potential winner will be disqualified and an alternate winner will be selected.  Winners (or parent/legal guardian if potential Winner is deemed a minor in his/her state of residence) may waive their right to receive a prize.

The Winner will be publicly announced on or around May 28, 2024, July 5, 2024, and September 3, 2024, and their name, will be posted on The All American Original Apple Chip Contest tab for an indefinite period of time.

The prize will be awarded within 4-6 weeks of receipt and verification of winner’s eligibility. Non-winning Entrants will not be notified. If winner notification is returned as undeliverable or if each selected potential winner cannot accept or receive the prize for any reason or he/she is not in compliance with these Official Rules, this may result in disqualification and the next Entry will be notified and will be deemed the winner, if qualified.  Winners’ Entry and acceptance of a prize awarded constitutes permission for the Sponsor to use the winner’s name, image, photograph, likeness, statements, biographical information, voice and address (city and state) commercially or non-commercially, in all forms of media known or unknown, in perpetuity, worldwide, without notice or further compensation, except where prohibited.

PRIZE IS AWARDED AS IS AND WITHOUT WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

Prize is not transferable or assignable. No substitution or cash redemption allowed except by Sponsor, who may substitute a prize of equal or greater value at its sole discretion if advertised prizes become unavailable. Each Winner is responsible for all federal, state, local and income taxes associated with winning prizes and reporting of other expenses related to the use, acceptance and possession of prizes.

By accepting prizes, winners further agree to release Sponsor, and its subsidiaries, affiliates and related companies and each of their respective officers, directors, employees and agents, from any and all liability, loss or damage of any kind, known and unknown, arising out of or in connection with winners’ participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize. In the event of a dispute as to the identity of the winner who enters, Entries will be deemed made by the authorized account holder of the e-mail address from which the Entry is submitted. And if a prize is won, it will be awarded to that authorized account holder if they are eligible. By accepting a prize, the winner agrees that the 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 the 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 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. Sponsor, in its sole discretion, reserves the right to alter, change or modify the winning Entry, Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment as may be deemed by Sponsor, in its sole discretion, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred 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. Further, Sponsor may request from winner that the winner secure from any Participants an irrevocable assignment and transfer to Sponsor all of any Participant’s right, title and interest in and to the winner’s 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. Should Sponsor fail to request the said Participant’s assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).

No confidential relationship is established by any Entrant and the Sponsor as a result of entering the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data under any obligation. No patent, copyright or other intellectual property rights or licenses are granted to any Contest components supplied by the Sponsor to the potential Entrants. Potential Entrants do not receive by way of or under the Contest any intellectual property or other rights in any copyrights, patents, trademarks, trade names, technology, trade secrets or know-how of either the Sponsor or any third party.

Disputes: Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor, those working on its behalf and each of their respective affiliates, subsidiaries, officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Contest, Sponsor’s use of the Entry or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with this Contest shall be resolved individually without resort to any form of class action. This Contest shall be governed by and construed in accordance with the laws of the State of New York regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York.

ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

Entrant’s Personal Information: Personal information collected from Entrants online is subject to Sponsor’s privacy policy, available ENTER WEBSITE‘s privacy policy.

Official Rules: To request a copy of the Official Rules, see https://senecasnacks.com/allamerican, or send a self-addressed, stamped envelope by September 5, 2024, to: The All American Original Apple Chip Contest Official Rules Request, Seneca Foods Corporation, 350 WillowBrook Office Park, Fairport, NY 14450.

Winners’ List: For a list of the winner’s name and city of residence, send a self-addressed stamped envelope, to be received by September 5, 2024, to: The All American Original Apple Chip Contest Winners’ List Request, Seneca Foods Corporation, 350 WillowBrook Office Park, Fairport, NY 14450.

Sponsor: Seneca Foods Corporation, 350 WillowBrook Office Park, Fairport, NY 14450.

Contest Administrator: All decisions of the Sponsor and Contest Administrator regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects.

Void in Puerto Rico, AK, HA, outside the United States and wherever else prohibited.