“The Kitchn Cabinet” x Sunsweet 2022

Late Updated: December 3rd, 2021

OFFICIAL RULES.

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

NO PURCHASE NECESSARY TO ENTER OR WIN THE SUNSWEET CONTEST (THE “CONTEST“). The contest is open to members of the Kitchn Cabinet Consumer Sampling Panel who meet the additional criteria established herein.

Entry into the Contest constitutes your acceptance of these Official Rules.

CONTEST ENTRY DATES: The Contest begins upon receipt of the Kitchn Cabinet mailer and Sunsweet coupon by mid January 2022 (approximately January 11, 2022)  and all entries must be submitted by January 30, 2022 at 11:59 pm ET (the “Contest Entry Period“).

WHO MAY ENTER: The Contest is open to members of the Kitchn Cabinet Consumer Sampling Panel. Individual must fit the following criteria:

• Be at least 21 years old
• Be a US resident, living within the 48 contiguous states or the District of Columbia
• Be able to receive shipments at an address located within the 48 contiguous states or DC
  • PO boxes are not permitted
• Have a working email address that can be used for all Panel-related communication
• Have access to the Internet
• Have an active Instagram account, with at least 750 followers, that is free from profanities, references to illegal activity, discrimination or hate messaging, or any other content that would be reasonably considered as offensive, discriminatory or harmful by the general public

Employees and their immediate families, spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related of Apartment Therapy, LLC, a New York limited liability company (the “Sponsor” and “Contest Administrator”), and its affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, the “Contest Parties”) are not eligible to enter the Contest. 

CONTEST OBJECTIVE/ENTRY: The objective is to use the Sunsweet product received via redemption of the supplied coupon (either Amaz!n Prunes or Amaz!n Prune Juice) in a recipe and post a picture of the product and the finished dish to Instagram. The ten winners will be chosen based on accordance to provided rules, clarity of post, and originality & creativity.

HOW TO ENTER: During the Contest Entry Period, Entrants must post a picture of the Sunsweet product and their final dish to their Instagram handle associated with their Kitchn Cabinet membership. To be considered for the Contest, entrants must then do the following: 

• Tag Sunsweet at @sunsweetgrowersinc
• Tag Kitchn at @thekitchn 
• Use the hashtags #feelgoodfruit and #kitchncabinetsunsweet

By submitting an Entry, an Entrant hereby grants permission for his/her Entry to be posted on www.thekitchn.com and its social media accounts in perpetuity for public viewing and social commenting. By submitting an Entry, you acknowledge that your Entry may be commented upon, favorably or unfavorably, by viewers of www.thekitchn.com and its social media accounts, and you hereby release Kitchn of any obligation to edit, hide or otherwise remove any comments on your behalf. For clarity, Kitchn will follow its Comment Policy (https://www.thekitchn.com/about/comment-policy) when evaluating and addressing viewer comments. Released Parties (as defined below) are not responsible for any unauthorized use of any Entry by third parties. Kitchn does not guarantee the posting of any Entry. By submitting an Entry, you represent and warrant that you have either taken the photos yourself such that you own the copyright in the photos, or that you have secured ownership, a license, or otherwise obtained permission and control all rights necessary for you to submit that Entry. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any Entry by you to or through this website.

Each Entry (i) must consist of photographs of the Sunsweet product and final dish and (ii) must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Previously published material may be entered as long as Entrant still maintains the right to grant Kitchn the license granted pursuant to these Official Rules (see “Assignment of Rights” below). If an Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Kitchn in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry.

Each Entry must comply with the following content guidelines to be eligible:

• Entries may not include photos with watermarks or other overlaid text or images;
• Entries may not be inappropriate, offensive or obscene or endorse any form of hate or hate group;
• Entries may not defame, misrepresent or contain disparaging remarks about other products, people or companies;
• Entries may not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification such as personal names, e-mail addresses or street addresses;
• Entries may not infringe any 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);
• Entries may not contain materials embodying the names, likenesses, photographs or other indicia identifying any person, living or dead, without permission;
• Entries may not communicate messages or images inconsistent with the positive images and/or goodwill to which Apartment Therapy wishes to associate; and
• Entries may not depict and may not be in violation of any law. Apartment Therapy reserves the right to disqualify any Entry for any reason in its sole discretion.

SELECTION OF WINNERS:

All decisions of the Judges and Kitchn are final and binding on all matters. Kitchn reserves the right to adjust any deadline(s) as the result of causes beyond its immediate control.

WINNER NOTIFICATION: The Finalists will be notified via e-mail at the e-mail address provided at the time of entry. Each potential Winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (an “Affidavit/Release“) in the form provided by Kitchn, as well as any other documents that may be required by Kitchn, all of which must be received fully-executed within three (3) business days of the date Kitchn sends notification to the potential Winners or he/she may be disqualified. If after a reasonable number of attempts to contact a potential Winner, Kitchn has been unable to do so, he/she will be disqualified. In the sole discretion of Kitchn, a potential Winner may be disqualified for any of the following reasons: (i) if Kitchn believes that such Entrant has (x) tampered with the entry or voting process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, or (y) has engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Contest Parties; or (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules. In the event it is determined that a potential Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then such potential Winner will be disqualified. Should any potential Winner make any false statements in any document required by Kitchn, such potential Winner will be disqualified and required to promptly return to Kitchn his/her prize. If a potential Winner is disqualified for any reason, in Kitchn’s sole discretion the Entry with the most votes in such category will be declared the alternate Winner.

PRIZES AND APPROXIMATE RETAIL VALUE: 

Total Maximum Approximate Retail Value (“ARV”) of all prizes: $500

Ten Finalist Prize Packages: US $50 gift card.

No substitution, transfer or cash equivalent is permitted except by Sponsor, which reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value at its sole discretion. Winners are solely responsible for all federal, state, and / or local taxes and other fees associated with Prize receipt, regardless of whether prize is used in whole or in part. All prize details are at the sole discretion of Sponsor.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Kitchn. No prize substitution is permitted by Winners, however Kitchn reserves the right to substitute all or any portion of a prize package with another prize of comparable or greater value, in its sole discretion. Prize packages are non-transferable and may not be redeemed for cash. All taxes associated with any prize package and any other costs and expenses associated with prize package acceptance and use not specified herein as being provided are the sole responsibility of the Winners. A Winner is not a recipient of a prize package until he/she has been verified as a Winner by Kitchn. Upon delivery/payment of a prize package, Kitchn will be deemed to have awarded the prize package to the Winner and such Winner assumes full responsibility for the prize package.

GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use the Entrant’s photographs, name, hometown, likeness, prize package won and photograph (all in Kitchn’s sole discretion) for future advertising and/or publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. The Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties“) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, inaccurate, incomplete or delayed Entries, all of which will be void. The Released Parties are also not responsible for problems uploading or downloading any Contest related information or materials from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, computer hardware or software failures, phone lines, failure of any Entry to be received by Kitchn on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including, without limitation, telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Contest. The Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize packages or in any Contest related materials. Kitchn reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should a force majeure event, tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, in Kitchn’s sole discretion, determine the Winners using all non-suspect, eligible Entries received up to the time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of receipt of the Entry will be deemed to be the Entrant and must comply with these Official Rules. An authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses. Kitchn reserves the right, in its sole discretion, to disqualify any individual (and void his/her Entry(ies)) found to be tampering with the Entry process or the operation of the Contest or website, intending to annoy, abuse, threaten or harass any other Entrant, Kitchn, any Contest Party or any of their respective representatives or to otherwise be acting in violation of these Official Rules.

Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Kitchn reserves the right to seek damages from any such Entrant to the fullest extent permitted by law and to disqualify such Entrant from the Contest.

ASSIGNMENT OF RIGHTS: Each Entrant hereby acknowledges that he/she shall retain ownership of the Entry and irrevocably and exclusively grants to Kitchn and Prize Providers, individually or collectively, and their respective designees a non-exclusive, irrevocable, perpetual, unrestricted, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, transmit, distribute, prepare derivative works of, and display and perform publicly the Entry in any media now known or later developed, including, without limitation, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to and to otherwise alter or make use of the submitted photographs and text. By submitting an Entry, Entrant acknowledges and agrees that Kitchn may obtain many submissions under the Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under the Contest and/or other contests staged and/or sponsored by Kitchn and/or the Prize Providers, and waives any and all claims Entrant may have had, may have, and/or may have in the future, that any composition, photograph and/or other works accepted, reviewed and/or used by Kitchn (or its designees) may be similar to his/her Entry. Entrant acknowledges and agrees that no Contest Party or its designees has now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to Entrant’s Entry.

MISCELLANEOUS CONDITIONS: By participating in the Contest, Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Kitchn and its Judges, which decisions will be made in the sole discretion of Kitchn and/or its Judges and 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 in the sole discretion of Kitchn. Kitchn reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. The Contest shall be conducted in and subject to the laws of the United States, and all applicable Federal, state, and local laws and regulations.

RELEASES: By entering the Contest, Entrant agrees to release and hold harmless the Released Parties from all claims, liabilities or damages caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest or acceptance or use of any prize package or the substitution of any prize package by Kitchn in accordance with these Official Rules, the administration of the Contest, the operation of the web site or the Released Parties’ use of any of the rights granted herein. The Released Parties assume no responsibility for the conduct of any Entrant or the responses of anyone appearing in any Entry.

PRIVACY: By participating in this Contest, Entrant agrees to Kitchn’s use of his/her personal information in accordance with its Privacy Policy Statement at www.thekitchn.com/privacy.

ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Contest, or any prize packages awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office located in New York City; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Kitchn in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York without regard to New York choice of law rules.

WINNERS LIST: The winners will be provided upon written request by certified mail to the Contest Administrator. CONTEST ADMINISTRATOR/SPONSOR; PRIZE PROVIDERS: Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, New York 10012 is the Contest Administrator, Prize Provider, and Sponsor of the Contest. Any questions, comments or complaints regarding the Contest should be directed to kitchncabinet@apartmenttherapy.com.