“Mix It Up With Pears” Sweepstakes Official Rules


NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. The “Mix It Up With Pears!” Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m., Eastern Time (“ET”) February 1, and ends at 11:59 p.m. (“ET”) on March 31, 2019, ET (“Sweepstakes Period”). Sweepstakes is sponsored by Pear Bureau Northwest/USA Pears (the “Sponsor”), 4382 SE International Way, Ste A, Milwaukie, OR 97222-4635.

ELIGIBILITY: The Sweepstakes is open to any legal resident of the 50 United States and the District of Columbia (excluding Puerto Rico) or Canada (excluding Quebec province) who has attained the age of majority ( 18 years of age) in his or her state at the time of entry. Employees, officers, and directors of the Sponsor and their immediate family members and household and those of any corporate affiliates, subsidiaries, advertising and promotion agencies of the Sponsor, and any other entities directly associated with this Sweepstakes (together the “Released Parties”) are also not eligible to participate. All federal, state, and local laws and regulations apply. Void where prohibited.

HOW TO ENTER: During the Sweepstakes period eligible participants will be invited to visit a promotional website located at http://old.devpears.com/mix and fill out an online entry. All required fields on the online entry form must be filled out in order to receive one (1) entry into the Sweepstakes.

LIMIT one (1) entry per person, per email address will be allowed during the entire Sweepstakes period. Participants must also use an email address which is subscribed and registered in their own name. Once submitted, an Entry cannot be deleted, canceled, or modified. In the event of a dispute as to an Entry by multiple individuals using the same email account, the entrant is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. All Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an entrant that submits more than the maximum permitted, or who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, or proper play of this Sweepstakes. Entrants agree that their entry becomes the property of Sponsor and that the Sponsor may use the content of the Submission for any proper purpose, including, without limitation, for Sponsor’s advertising/promotional purposes. Any personally identifiable information collected during an entrant’s participation in this Sweepstakes will be collected by Sponsor and used by Sponsor, its respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules. By participating in this Promotion, entrants agree to be bound by these Official Rules.

DRAWING AND NOTIFICATION: Grand Prize winners will be selected on or about April 5, 2019 from among all eligible entries received, in a random drawing by Pear Bureau Northwest, whose decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning will depend on the total number of eligible entries received. The potential Grand Prize winners will be contacted by email and/or telephone. In the event of noncompliance with the Official Rules, if a winner cannot be reached at the email address/phone number provided in the winner’s membership profile within seven (7) days of the first attempt, or if the prize or prize notification is returned as unclaimed or undeliverable, an alternate winner will be selected. All winners are subject to verification before any prize will be awarded. If any potential winner is a Canadian resident (with the exception of Quebec, residents of which are not eligible to enter this Sweepstakes), he/she will be required to answer a time-limited skill testing question without assistance, in order to be eligible to receive a prize. A potential winner is not an official winner until his/her eligibility has been verified and he/she has been notified that verification is complete.

PRIZE: Two Grand Prize winners will receive a Custom painted KitchenAid(r) Artisan Stand Mixer which as an Approximate Retail Value (“ARV”) of $479 USD. Total prize pool ARV is $958USD. One blender will be awarded to a United States resident and one blender will be awarded to a Canada resident.

PRIZE CONDITIONS: By accepting the prize, prize winner agrees to release the Sponsor, the Released Parties, and prize suppliers from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. No substitution or transfer of prize or election of cash in lieu of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available. The Grand Prize winner is solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the prize or receipt of the prize. Each winner’s entry and acceptance of the prize offered constitutes permission (except where prohibited by law) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.

INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received. No responsibility is assumed 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, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes or downloading any materials in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

USE OF DATA: Sponsor will be collecting personal data about entrants in accordance with its Privacy Policy. Please review the Sponsor’s Privacy Policy that can be found on their website, http://usapears.org/pear-bureau-info/. By participating in the Sweepstakes and providing their email address, entrants hereby agree to Sponsor’s collection and use of their personal information along with and acknowledge that they have read and accepted Sponsor’s Privacy Policy. Entrants will be automatically signed up for the Sponsor’s newsletter and may unsubscribe at any time.

TERMS & CONDITIONS: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, where permitted by law, entrants agree to release, discharge, indemnify, and hold harmless the Released Parties, and each of their respective directors, officers, employees, shareholders, and agents from any and all liability, loss, damage, or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession, and/or use or misuse of the prize, or for any typographical or other error in the printing, offering, or announcement of the prize. Entrants further acknowledge that the Released Parties have neither made, nor are in any manner responsible or liable for any warranty, representation, or guarantee express or implied, in fact or in law, relating to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. The Administrator reserves the right to disqualify any entrant that Administrator determines, in its sole discretion, violates these Official Rules. This Sweepstakes is void where prohibited.

DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.

WINNERS LIST REQUESTS: To request confirmation of the name and address of the winner, please send a self-addressed, stamped business-size envelope to PearUp Challenge Sweepstakes Winner’s List Request, 4382 SE International Way, Suite A, Milwaukie, OR 97222.

SPONSOR: Pear Bureau Northwest/USA Pears, 4382 SE International Way, Ste A, Milwaukie, OR 97222-4635.