Terms and Conditions
Privacy Policy
SUMO CITRUS® | 11.19.20
Privacy Notice
ACM Permanent Crops, LLC, d/b/a Sumo Citrus (“Sumo Citrus,” “we,” “us,” or “our”) values the trust you place in us when you use our affiliated websites and online services (collectively, our “Websites”). This Privacy Policy describes our collection, use, disclosure, and retention of information we collect from or about you. This Privacy Policy applies to our Websites that post or link to it, regardless of how you access or use them, including through mobile devices.
BY USING OUR WEBSITES, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY POLICY AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, AND RETENTION OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
If you do not agree to the terms of this Privacy Policy, please do not use our Websites. We may make changes to this Privacy Policy from time to time. We will post any changes to our Websites. Your continued use of our Websites following the posting of any changes will mean you accept those changes.
This Privacy Policy does not apply to information that you may submit to us offline, or to third-party websites or mobile applications that may link to the Websites or be linked to on the Websites. We are not responsible for the actions or privacy practices of third-party websites and applications; please consult those websites and applications directly to understand their privacy practices.
INFORMATION WE COLLECT ABOUT YOU
We collect, process, and retain information from you and any devices you may use when you use or interact with our Websites, and in other ways described below.
Information You Give Us: We receive and store information provided to our Websites or given to us in any other way, including your name, shipping address, phone number, email address, payment information, photo, and information about your store and teammates.
Information We Automatically Collect: We receive and store certain types of information whenever you use our Websites. Our Websites may use “cookies,” tagging and other tracking technologies to help enable us to enhance or personalize your online experience. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, general location, device identifiers, transaction history, and your web log information.
Location Information: When you visit our Websites, we may receive information about the specific location of your device, including a unique identifier for your device. Location information allows us to provide location-based services, such as advertising, search results, and other personalized content. We will only collect precise geo-location information with your consent; however, some services or features may not function properly without this information. See the Your Choices section below for more information.
Information From Social Media: When you interact with us or our Websites on a social media platform, we may collect the personal information that you make available to us, including your account ID, username, and other information included in your posts.
Information From Other Sources: We may supplement the information we collect with information offline or from third parties. This Privacy Policy does not apply to this other information.
HOW WE USE INFORMATION WE COLLECT FROM OR ABOUT YOU
We use the information we collect from or about you to help us personalize and continually improve your experience on the Websites, including providing our products or services, responding to requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage information about you and the choices you have, see the Your Choices section below.
We also may use information about you to: provide, maintain, and improve the Websites and for internal or other business purposes; fulfill your requests for information; communicate with you; detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; optimize, perform analysis, or improve our Websites, products, and operations; provide and ship the products that you order; provide customer support; send you offers or other communications about our products, such as special or promotional events; administer giveaways, sweepstakes, promotions, and surveys; and post user generated content provided by users.
We may use the information from one portion of the Websites on other portions of the Websites, and we may combine information gathered from multiple portions of the Websites. We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
We may retain information we collect from or about you for as long as reasonably required to satisfy the purposes for which we have collected the information, or as required by law, whichever is longer. This means we will retain information about you both while you are an active user of our Websites and after you cease to be an active user.
HOW WE SHARE YOUR INFORMATION WITH OTHERS
We share information we collect from or about you with our affiliates. We may also share information from or about you with third parties as described below. In addition, we may share information that does not personally identify you, such as aggregate information, de-identified information, device identifiers, or other unique identifiers with third parties. For information about how to manage information about you and the choices you have related to this sharing, see the Your Choices section below.
Third-Party Service Providers: We engage third-party service providers to perform functions on our behalf such as hosting, content management, technical integration, marketing, analytics, customer service, fraud protection, payment processing, fulfillment and shipping. These third parties may have access to information about you when needed to perform their functions.
Business Partners: We may share information that personally identifies you with business partners who provide products and services that we think you may be interested in.
Sale, Assignment or Change of Control: We may change our ownership or corporate organization while providing the Websites. We may transfer information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets, or any line of business, change in ownership control, or financing transaction. Under such circumstances, we will request the acquiring party to follow the practices described in this Privacy Policy with respect to previously collected information. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat information about you in the same way as described in this Privacy Policy.
Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose information we collect from or about you if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our Websites; (b) protect and defend our rights or property, the Websites, or our users; (c) respond to a third party that alleges that you have infringed their intellectual property rights; or (d) act to protect the personal safety of us, users of the Websites, or the public.
Public Areas, Interactive Features and Activities: Please remember that any information you share in public areas or on social sharing features, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any information or photos that you expect to keep private. Please consult the applicable guidelines, if any, for use of these features. We cannot control who views information that you post in public areas of the Websites and are not responsible for how third parties, including other users may use or disclose information that you post or otherwise share with other users or third parties.
COOKIES AND OTHER TRACKING TECHNOLOGIES
Like many websites, we use tracking technologies such as cookies, web beacons, and similar technologies to record your preferences, track the use of our Websites, and measure exposure to our online advertisements. We may also use these technologies to monitor traffic, improve the Websites, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Websites may not work or may not work as designed.
We use third-party analytics services on the Websites, including Google Analytics. These analytics service providers use cookies or other tracking technologies to help us analyze how users interact with and use our Websites, compile reports about activity on Websites, and provide us other services. The technologies may collect information such as your IP address, time of visit, whether you are a return visitor, any referring website, and other information. We do not use these analytics service providers to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.
We work with third-party companies who provide advertisements on our Websites and other third-party websites. These third parties may use these technologies to collect information about you when you use the Websites. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond our Websites. They may use this information to provide you with interest-based advertising or other targeted content. We do not knowingly provide these entities with information that personally identifies you. However, such third parties may have sufficient data from other sources to be able to personally identify you. Some content, applications, and advertisements on the Websites may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us to which our Websites links or that links to our Websites.
Your browser or device may include “Do Not Track” functionality. Our information collection, disclosure practices, and the choices that we provide, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.
YOUR CHOICES ABOUT HOW INFORMATION ABOUT YOU IS USED AND SHARED
In many instances, you have choices about the information you provide and how we use that information. These choices are described below.
Marketing Emails: By providing us with an e-mail address, you acknowledge that we may use your e-mail address to communicate with you. While you cannot opt-out of receiving notifications and other service-related communications regarding your account or your transactions, you can opt-out of receiving promotional and other marketing emails from us by using the “unsubscribe” feature in our marketing e-mails.
Third-Party Business Partners: You can opt out of the information we share with third-party business partners for their own marketing purposes by sending us an email at [email protected] and include “Opt-out of business partner marketing” in the subject line.
Precise Location Information: Most mobile devices allow you to control or disable the use of precise location services by any application on your mobile device through the device’s settings menu.
Interest-Based Advertising Choices: You also have choices related to interest-based advertising. Many browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.
Many of the third-party advertisers that place tracking tools on our Websites are members of programs that offer you additional choices regarding the use of information about you for advertising. You can learn more about the options available to limit these third parties’ use of your information by visiting the websites for the Network Advertising Initiative, Digital Advertising Alliance, and Facebook. Similarly, you can learn about your options to opt-out of mobile tracking by certain advertising networks through your device settings. For more information about how to change these settings, see the support information for Apple, Android or Windows devices.
Please note that opting-out of participating advertising networks services does not mean that you will not receive advertising while using our Websites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these industry programs.
OTHER IMPORTANT INFORMATION
Users Under Eighteen: Our Websites are intended for users ages 18 and older only. If we become aware of information in our database that was collected from a child under 18, we will delete such information.
Users Outside of the United States: If you use our Websites outside of the United States, you understand and consent to the transfer of information we collect from or about you to, and the collection, processing, and storage of information about you in, the U.S. and elsewhere. The laws in the U.S. and these countries may be different from the laws of your country.
Your California Privacy Rights: If you are a California resident and customer, California law permits you to request certain information regarding the disclosure of your information about you by us and our related companies to third parties for the third parties’ direct marketing purposes. To make such a request, please send your request to [email protected] and “California Shine the Light” in the subject line.
For questions about our Privacy Policy, you can contact us at [email protected].
All rights reserved.
Swag Giveaway
NO PURCHASE NECESSARY TO PARTICIPATE. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
These promotion terms (“Terms”) govern your participation in the Sumo Citrus giveaway (“Promotion”) sponsored by ACM Permanent Crops, LLC (“Sponsor”). By submitting an entry, you agree to be bound by these Terms and the decisions of Sponsor.
1.ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States (including the District of Columbia) and Canada (excluding Quebec) who are (a) at least 18 years of age the time of participation and (b) retail employees of participating wholesale customers of Sponsor or a retail store that stock Sumo Citrus products. The Promotion is not open to employees or independent contractors or their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) or persons living in the same household of employees or independent contractors of Sponsor, Superior Branding Enterprises, Inc. (“Administrator”), or any of their respective parents, subsidiaries, affiliates, advisors, or advertising/promotion agencies (collectively, the “Sponsor Entities”).
2.HOW TO ENTER: The Promotion begins at 12:00 a.m. Pacific Time (“PT”) on December 4, 2020, and continues through 11:59 p.m. PT on April 30, 2022 (the “Promotion Period”). To enter, visit Sumo Citrus’s retail education website at [https://sumocitrus.com/retail/] (“Website”); watch the three videos entitled: Part 1: “Growing Sumo Citrus”, Part 2: “Growing Sumo Citrus”, and Part 3: “Displaying and Handling Sumo Citrus”; complete all three quizzes following after each video; and provide all required contact information including your name, email, mailing address, city, state, and zip code. Normal time rates and data charges, if any, charged by your internet or mobile service provider will apply. No purchase is necessary to enter or receive a prize.
3.ENTRY RULES: Automated or robotic entries submitted by individuals or organizations will be disqualified. There is a limit of one entry per person. Each entry must be made by the applicable entrant. Any attempt to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial giveaway/sweepstakes subscription notification and/or entering services, will void entrant’s entries and the entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be submitted during the Promotion Period. Sponsor’s database clock will be the official timekeeper for this Promotion.
4.AWARD AND DELIVERY OF PRIZES. Each entrant who watches the videos, completes the quizzes, and provides all necessary information during the Promotion Period as provided in Section 2 will receive a prize. All prizes will be awarded if properly claimed. Prizes cannot be transferred, redeemed for cash, or substituted by winner. Administrator or Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Terms is unavailable or cannot be awarded, in whole or in part, for any reason. Sponsor and Administrator make no representation or warranty concerning the appearance, safety, or performance of any prize. Restrictions, conditions, and limitations may apply. Sponsor and Administrator will not replace any lost or stolen prize. Prizes will be delivered to the entrant’s mailing address provided in the entry form. Winners will be responsible for paying all costs and expenses related to the prize including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize.
5.PRIZE: The prize is one bundle of Sumo Citrus-branded merchandise, which will include the following items: a beanie, tote bag, and stickers. The approximate retail value (“ARV”) of one prize is $20. The total ARV of all prizes depends on the number prizes awarded. There is no limit on the number of prizes that may be awarded. There is a limit of one prize per entrant. The prize is awarded “as is” and without any warranty, except as required by law.
6.GENERAL RULES: Sponsor and Administrator have the right, in their sole discretion, to modify these Terms and to cancel, modify, or suspend this Promotion at any time in its discretion. If Sponsor or Administrator terminates the Promotion, a notice will be posted on the Website. In such an event, Sponsor and Administrator reserve the right to award any remaining prizes in a manner deemed fair and equitable by Sponsor or Administrator. Sponsor and Administrator have the right, in their sole discretion, to disqualify or prohibit from participating in the Promotion any individual who, in Sponsor’s or Administrator’s discretion, Sponsor or Administrator determines or believes has (a) tampered with the entry process or has undermined the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices; (b) engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or Administrator; or (c) attempted or intends to attempt any of the foregoing. The use of agents or automated devices, programs, or methods to submit entries is prohibited, and Sponsor and Administrator have the right, in their sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program, or method. All federal, state, and local laws and regulations apply. All entries become the property of Sponsor and Administrator and will not be verified or returned. These Terms may not be reprinted or republished in any way without the prior written consent of Sponsor or Administrator.
7.WAIVER AND RELEASE: To the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Sponsor Entities and all other companies involved in the development, operation, or marketing of the Promotion or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action, and liabilities of any kind that the entrant ever had, now has, or might in the future have arising out of or relating to the Promotion or use of any prize or any component thereof, including any and all claims, causes of action, and liabilities (a) relating to any personal injury, death or property damage, or loss sustained by any entrant or any other person; (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation, or violation of any other personal or proprietary right; or (c) based upon any allegation of a violation of any law, rule, or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss, or damage caused, or claimed to be caused, by participation in Promotion, the use of any Promotion-related website, or the provision, acceptance, or use of any prize or prize component.
8.LIMITATION OF LIABILITY. Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion.
9.YOUR INFORMATION: By participating in the Promotion, you agree that any personal information you provide in connection with the Promotion is subject to Sponsor’s privacy policy available at https://sumocitrus.com/privacy-policy/ (“Privacy Policy”) and may be used as permitted pursuant to the Privacy Policy.
10.GOVERNING LAW AND DISPUTES: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without regard to California or any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, state, and local courts for Tulare County, California.
11.SPONSOR: Sumo Citrus 38773 Rd 48, Dinuba, CA 93618
12.ADMINISTRATOR: Superior Branding Company, 49 Elizabeth St, New York, NY, 10013, [email protected]
Gift Card Prize Giveaway
NO PURCHASE NECESSARY TO PARTICIPATE. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
These promotion terms (“Terms”) govern your participation in the Sumo Citrus giveaway (“Promotion”) sponsored by ACM Permanent Crops, LLC (“Sponsor”). By submitting an entry, you agree to be bound by these Terms and the decisions of Sponsor.
1.WINNER VERIFICATION & NOTIFICATION: Every month from January to April, one participant who has completed all criteria outlined under “How to enter”, will be chosen at random to receive a $100 Amazon gift card. The potential prize winner will be notified by email provided to the app, on the 1st of each month. Potential prize winners must respond to the initial notification attempt within 7 days. Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor or Administrator in a timely manner may result in disqualification. Each entrant represents that the entrant will provide accurate and truthful information to Sponsor or Administrator in connection with eligibility verification. Sponsor or Administrator will have the right to require that the potential winners each complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winners. If any attempted notification or prize delivery is returned as undeliverable, or if a potential winner does not respond to Sponsor’s initial notification attempt within 7 days, or if a potential winner does not complete, sign, and return any required Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winner, or if a potential winner does not satisfy the eligibility requirements set forth above, or is not compliant with these Official Rules, Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate winner.
2.PRIZES: Each prize consists of an Amazon.com gift card with an approximate retail value of $100 USD. No substitution, cash redemption, or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor or Administrator, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor or Administrator in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, Internet connection and/or data costs) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. Use of gift cards is subject to issuer’s terms and conditions. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
3.RELEASE AND LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the giveaway or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action, and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the giveaway, participation in the giveaway, the acceptance, receipt, or use of any prize or any component thereof and/or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims, causes of action, and liabilities (a) relating to any personal injury, death, or property damage or loss sustained by any entrant or any other person; (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation, or violation of any other personal or proprietary right; or (c) based upon any allegation of a violation of any law, rule, or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss, or damage caused, or claimed to be caused, by participation in this giveaway, the use of any giveaway-related website, or the provision, acceptance, or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (u) any typographical, printing, production, distribution, or other error in the administration of the giveaway or in the announcement of prizes or winners; (v) late, lost, delayed, illegible, damaged, corrupted, incomplete, or postage due entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical, or technical error of any kind relating to communications, or attempted communications with any entrant, the submission, collection, storage, or processing of entries or the administration of the giveaway; (w) lost, late, or misdirected prize notices; (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay, or prevent the provision of any prize; (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail; or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the giveaway. In no event will more than three (3) prizes be awarded.
4.GENERAL RULES: Sponsor and Administrator have the right, in their sole discretion, to modify these Official Rules (including, without limitation, by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify, or suspend this giveaway at any time in its discretion, including without limitation, if a virus, bug, technical problem, entrant fraud or misconduct, or other cause beyond the control of Sponsor or Administrator corrupts the administration, integrity, security, or proper operation of the giveaway, or if for any other reason Sponsor or Administrator is not able to conduct the giveaway as planned (including, without limitation, in the event the giveaway is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state, or local law, order, or regulation or court order). In the event of termination of the giveaway, a notice will be posted on Sponsor’s website and a random drawing will be conducted to award the prizes from among all eligible entries received prior to the time of termination. Sponsor and Administrator have the right, in their sole discretion, to disqualify or prohibit from participating in the giveaway any individual who, in Sponsor’s or Administrator’s discretion, Sponsor or Administrator determines or believes (a) has tampered with the entry process or has undermined the legitimate operation of the giveaway by cheating, hacking, deception, or other unfair practices; (a) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or Administrator; or (b) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS giveaway OR UNDERMINE THE LEGITIMATE OPERATION OF THIS giveaway IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs, or methods to submit entries is prohibited, and Sponsor and Administrator have the right, in their sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program, or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the e-mail account used to submit the entry. All federal, state, and local laws and regulations apply. All entries become the property of Sponsor and Administrator and will not be verified or returned. By participating in this giveaway, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor or Administrator.
5.DISPUTES: By entering the giveaway, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims, and causes of action arising out of or connected with the giveaway or the provision, acceptance, and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the giveaway, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses; and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the giveaway will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the giveaway shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this giveaway or relating to these Official Rules shall be instituted only in the federal or state courts located in Tulare County in the State of California, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any giveaway information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
6.USE OF INFORMATION: By participating in the giveaway, each entrant agrees that information submitted in connection with the giveaway will be subject to Sponsor’s Privacy Policy available at https://sumocitrus.com/privacy-policy (the “Privacy Policy”) and may be used as permitted pursuant to the Privacy Policy, and may also be used as determined by Sponsor in connection with the administration of the giveaway (including winner notification and provision of winners’ names when requested).
7.SPONSOR: Sumo Citrus 38773 Rd 48, Dinuba, CA 93618
8.ADMINISTRATOR: Superior Branding Company, 49 Elizabeth St, New York, NY, 10013, [email protected]
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