The Del Monte Halloween Sweepstakes

Official Rules


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Sweepstakes may only be entered in or from the 50 United States, the District of Columbia and Canada and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States, the District of Columbia or Canada.

  1. How to Enter. There are two (2) ways to enter the Sweepstakes:

    • Option 1: During the Sweepstakes Period, (i) visit https://www.dm-gobananas.com ("Site"), (ii) fully complete the entry form, including your full name and valid email address, (iii) read and agree to the Official Rules, and (iv) click the submit button. Limit one (1) Option 1 submission per person/email address throughout the Sweepstakes Period.
    • Option 2: During the Sweepstakes Period, (i) visit https://www.dm-gobananas.com ("Site"), (ii) fully complete the entry form, including your full name and valid email address, (iii) read and agree to the Official Rules, (iv) create a Face in the Hole entry by uploading a photo of yourself ("Photo"), and (v) click the submit button. You will receive five (5) entries into the Sweepstakes random drawing for submitting one (1) Option 2 submission. Limit one (1) Option 2 submission per person/email address throughout the Sweepstakes Period but one (1) Option 2 submission will result in five (5) entries into the Sweepstakes random drawing.


    Twitter, Instagram and Facebook Share: After submitting an entry, entrant will be invited to share his or her Photo on Twitter, Instagram and Facebook. Sharing a Photo on a social media channel is NOT required for entrant to be eligible to enter the Sweepstakes.

    Limit one (1) Option 1 submission and one (1) Option 2 submission per person/email address throughout the Sweepstakes Period for a total of six (6) total entries (one (1) Option 1 entry and five (5) Option 2 entries) throughout the Sweepstakes Period. All entrants must have a valid email address. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. All entry information and Photos shall be collectively referred to herein as the "Submissions" or each as a "Submission." Submissions must comply with the Guidelines and Restrictions defined below.

    By entering, each entrant warrants and represents the following with respect to entrant's Submission: (a) entrant is the sole and exclusive owner of the Submission (except for any Sponsor IP (defined below) included therein, which shall be owned by Sponsor) and, to the extent a third party took the Photo, such third party transferred all rights in and to the Photo to entrant (and Sponsor reserves the right to request any applicable documents confirming the same); (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties, appearing in the Submission have given entrant appropriate consent to be photographed and used in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases or confirmatory documents upon Sponsor's request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.

    Providing a Submission constitutes entrant's consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.

  2. Start/End Dates. Sweepstakes begins at 9:00:00 am Eastern Daylight Time (“EDT”) on September 1, 2017 and ends at 5:59:59 pm EDT on September 30, 2017 (“Sweepstakes Period”).

  3. Eligibility. Participation open only to legal residents of the fifty (50) United States, the District of Columbia and Canada, who are at least 18 years old and the age of majority in their state, province or territory of residence as of date of entry. Void outside of the 50 United States, the District of Columbia, and Canada and where prohibited, taxed or restricted by law. Employees, officers and directors of Del Monte Fresh Produce N.A., Inc. ("Sponsor") and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Sweepstakes may only be entered in or from the 50 United States, the District of Columbia, and Canada and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States, the District of Columbia or Canada. All federal, state, provincial and local laws and regulations apply.

  4. Submission Guidelines and Content Restrictions. By entering the Sweepstakes, each entrant agrees that entrant's Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Sweepstakes if it believes, in its sole discretion, that the entrant's Submission fails to conform to the Guidelines and Restrictions.

    Submission Guidelines:

    • The Photo must be in the following formats: JPEG or PNG File.
    • The Submission must be primarily in English or French.


    Content Restrictions:

    • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
    • The Submission must not disparage Sponsor or any other person or party;
    • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
    • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
    • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
    • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Sweepstakes.


    Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant's Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

    Sponsor's decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules.

  5. Sponsor's Limited License. Sponsor grants eligible entrants a limited, revocable, non-sublicensable license to use Sponsor's brand names, images, logos and/or trademarks (collectively, "Sponsor IP") in connection with the Sweepstakes for the sole purpose of creating and submitting the Submission for review, assessment and/or sharing in this Sweepstakes. Entrants are not permitted to make any further use of Sponsor's IP for any purpose whatsoever. In addition, entrants recognize that all right, title, and interest in Sponsor's IP as well as all derivative works created using Sponsor's IP shall vest exclusively to the Sponsor, and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor's IP except for the limited license granted to entrant in these Official Rules is transferred or created.

  6. Random Drawing/Odds. Winners will be selected in a random drawing from all eligible entries received on October 9, 2017 at 1:00 p.m. (CT) in Chicago, IL. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor's agency and/or representative. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.

  7. Prizes. One thousand (1,125) prizes. Each winner will receive a Del Monte Banana Costume. Approximate retail value ("ARV") of each prize: USD $18.00 / CAD $23.00. Total ARV of all prizes combined: USD $20,250/ CAD $25,875. Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winners. Limit one prize per person or household.

  8. Notification. Potential winners will be notified by email on or about October 9, 2017 and may be required to sign and return, where legal, a Declaration or Affidavit of Eligibility and Liability/Publicity Release ("Declaration/Release") within five (5) calendar days of prize notification. If any potential winner is considered a minor in his/her jurisdiction of residence, Declaration/Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor's parent/legal guardian and awarded in the name of parent/legal guardian. If selected entrant is a Canadian resident, he/she must correctly answer a mathematical skill testing question on the Declaration in order to be declared a minor. If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.

  9. Conditions. All federal, state and local taxes are the sole responsibility of the winners. Participation in Sweepstakes and acceptance of prize constitutes each winner's permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, Facebook Inc., Instagram, LLC, Twitter Inc., and their its affiliates, partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the "Released Entities"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.

  10. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Sweepstakes, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion subject to the approval of the Régie des alcohols, des courses et des jeux in Quebec, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

    CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR PARTICIPATING IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  12. Disputes; Governing Law. Where permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, City of Miami. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Miami-Dade County in the State of Florida. The parties agree not to raise the defense of forum non conveniens.

  13. Québec Residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

  14. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy policy at http://freshdelmonte.com/privacy-policy/. By participating in the Sweepstakes, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.

  15. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by October 30, 2017 to: Del Monte Fresh Halloween Winner's List, Del Monte Fresh Produce N.A., Inc., 241 Sevilla Avenue, Coral Gables, Florida. Canadian residents may omit return postage.

  16. Sponsor. Del Monte Fresh Produce N.A., Inc., 241 Sevilla Avenue, Coral Gables, Florida.


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