“GO AHEAD. CALL ME A HEALTH NUT”

CONTEST OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY. VOID WHERE PROHIBITED. DO NOT ENTER IF YOU RESIDE OUTSIDE THE UNITED STATES, ARE UNDER 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF LEGAL RESIDENCE, OR DO NOT OR CANNOT AGREE FULLY WITH THESE OFFICIAL RULES (“RULES”).

THE RULES ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AMERICAN PISTACHIO GROWERS (“SPONSOR”), AND GOVERN YOUR PARTICIPATION IN THE CONTEST. ENTRY AND/OR PARTICIPATION IN THE CONTEST CONSTITUTES YOUR REPRESENTATION THAT YOU HAVE READ AND UNDERSTAND THESE RULES AND GIVE YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE RULES. THE CONTEST IS GOVERNED BY THE RULES, AND ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

CONTEST OVERVIEW: Sponsor is administering, sponsoring, and conducting the “Call me a Health Nut” contest (the "Contest") to invite Eligible Participants to submit an original Entry demonstrating how they have met their fitness and/or health goals with a healthful diet and physical activity. All Entries will be judged by four (4) experts (“Judges”) based on the following criteria: (1) Nutritional soundness of the Entrant’s diet, (2) success in achieving fitness and/or health goals, (3) originality of approach to achieving goals, and (4) overall strength of the written entry and submitted images/video. Men’s Health, published by Rodale Inc., is the “Advertising Partner” of the Contest.

CONTEST PERIOD: The Contest begins on November 1, 2016 and ends on November 30, 2016 at midnight, Pacific Standard Time (the "Contest Period").

ELIGIBILITY: To be eligible to submit an Entry, participate in the Contest and win any prize, you must: (i) be a legal resident of the United States, (“Geographical Area”); (i) be at least eighteen (18) years of age at the time of entry; (ii) not have been charged or convicted with any state or federal crime nor engaged in any conduct of moral turpitude; (iii) not be a member of ACTRA, SAG-AFTRA, or any other performer's guild or union; (iv) submit an Entry that is complete and contains truthful and accurate information, original statements, or materials, and does not contain any false or misleading information, statements or materials; (v) not be an employee of Sponsor or Advertising Partner, and/or have, within one year prior to the start date of the Contest, performed services for Sponsor or Advertising Partner or any of their respective subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, and the immediate family and household members of such individual; (vi) agree to and fully comply with Rules; and (x) agree to fill out, sign/execute and agree to all of the terms and conditions of Sponsor’s required forms and agreements, including, but not limited to, Affidavit and Release, confidentiality agreements, and release of publicity rights agreements (collectively, the "Eligible Participant" or "Eligible Participants"). "Household members" shall mean people who share the same residence at least three months a year, whether related or not. The Contest is only open to Eligible Participants, as determined by Sponsor within its sole and absolute discretion. By entering into the Contest, you agree to be bound by the decisions of Sponsor and Judges, whose decisions shall be binding and final in all respects.

ALL FORMS, WINNER AGREEMENTS, AND OTHER AGREEMENTS AND ANY OTHER DOCUMENTS MUST BE FILLED OUT COMPLETELY, ACCURATELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, RELEASE, WINNER AGREEMENTS, AND/OR AGREEMENTS, AND/OR PROVIDE ANY INACCURATE, FALSE OR MISLEADING INFORMATION, STATEMENTS OR MATERIALS, OR IF YOU FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED.

ENTRY PROCESS AND ENTRY REQUIREMENTS:

Eligible Participants must comply with the following Contest entry process:

ENTRY PROCESS: You may enter the contest by uploading your information as prompted on American Pistachio Growers website, www.AmericanPistachios.org When you enter the contest, you agree to share the information and images you’ve uploaded with Sponsor and its employees, agents, contractors, subcontractors and/or those authorized by Sponsor to administer the Contest and as provided for in Sponsor’s privacy policy at http://www.AmericanPistachios.org and for all purposes related to the Contest, including each of the Judges. Also when you enter, you agree that Sponsor can share the information and images you’ve uploaded with Advertising Partner and its employees, agents, contractors, subcontractors and/or those authorized by Advertising Partner in order to fulfill the prize to the winner and as provided in Advertising Partner’s privacy policy at http://www.rodaleinc.com/privacy-policy.

To enter the Eligible Participants must visit www.AmericanPistachios.org (the "Website") during the Contest Period and follow the instructions on the Website and perform all of the following: (i) completely fill out all the required fields on the entry form available on the Website, including, but not limited to, first and last name, complete home address, daytime telephone number (including area code), date of birth, email address, occupation and any other information requested (the “Entry Form”); (ii) completely answer on the Website in the provided field responses to these questions: 1) Describe the health and/or fitness goal that you desired to achieve; 2) Describe your typical eating plan and how it helped meet your nutrition objectives; 3) Describe your typical physical activities and how they helped meet your goals; 4) Share your success in meeting your goals; and 5) Describe what was the biggest obstacle to your success and how did you overcome it? (collectively, the “Narrative”); AND (ii) submit at least one but not more than two photographs or a single video of no more than ten megabits in size by uploading the photos/video by following the instructions on the Website (“Photo(s)/Video”). The Entry Form, Essay and Photos/Video are collectively referred to as the "Entry" or "Entries". After completing all of the above, submit your Entry into the Contest by following the instructions on the Website. Eligible Participants submitting an Entry are referred to individually as the "Entrant" and collectively as the "Entrants". ALL ENTRIES MUST BE RECEIVED BY THE END OF THE CONTEST PERIOD. Late Entries will not be considered. Only one Entry per person will be allowed. Entries that contain inappropriate material (such as foul language or photos/video that are deemed indecent or otherwise in appropriate) will not be allowed, and appropriateness is at the sole discretion of American Pistachio Growers.

ENTRY Requirements: Entries that are forged, altered, mechanically reproduced or generated by any devices, macros, bots, and/or other programs and/or software and/or any automated means or mechanisms will not be accepted and will be void. Use of any automated system, software, techniques or practices to participate is prohibited and will result in disqualification and all such Entries will be deemed void. If you enter using a mobile device, standard data charges may apply from your carrier. Entries will not be acknowledged or returned. Limit of one (1) Entry per person/Eligible Participant per email address. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted to the Website will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or 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. ENTRIES ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REPRESENT THE VIEWS OF SPONSOR OR ANY ADVERTISING PARTNER IN ANYWAY.

All Entries must be consistent with Sponsor's and Advertising Partner’s image and reputation. Entries to be eligible cannot, as determined by Sponsor within its sole and absolute discretion: (i) be offensive, obscene, or inappropriate; (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or pornographic, contain nudity or any dangerous activity; (iii) include any trademarks, service marks, logos, or copyrights, or other materials not owned by the Entrant, including those that appear on logo apparel; (iv) use another person’s name, image, likeness, or other identifiable feature; (v) include any celebrities or public figures; (vi) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes violence, hate, or harm to another person or class of persons or any animal, or any other offensive, obscene, or inappropriate content; (vii) defame, slander, misrepresent, or contain disparaging remarks about other people, companies, or businesses including, but not limited to Sponsor or Advertising Partner; (viii) make threats of any kind, harass, bully or intimidate another; (ix) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead; or (x) violate any applicable federal, state or local laws.

PRIZES:
A total of three (3) prizes to be awarded to three (3) Entrants (“Prize” or Prizes). An Entrant will only be chosen to receive one (1) of the three Prizes set forth below :

1) The approximate retail value (“ARV”) of the Top Winner prize, home gym equipment, is up to $4,000.00 U.S. dollars and consists of a selection of gym equipment and a one year supply of pistachios with an approximate ARV of $250.00 U.S. dollars: (the "Winner Prize"). All other expenses not specifically listed herein are solely the Winner's responsibility.The Winner Prize will be delivered to the Winner via one (1) shipment/delivery of Winner Prize to the Winner’s residence specified on the entry form by UPS/FedEx delivery. There is no warranty or guarantee as to the Top Winner Prize except as may be provided by the manufacturer of the home gym equipment. Any depictions of the Top Winner Prize are for illustrative purposes only.

2) The First Runner-up Winner prize is a Diamondback Haanjo Comp Carbon Bike with an ARV of $2,500.00 U.S. dollars and a one year supply of pistachios with an approximate ARV of $250.00 U.S. dollars. The one year supply of pistachios will be delivered to the First Runner-up Winner via one (1) shipment/deliver of approximately 25 pounds of pistachios to the First Runner-up Winner’s residence specified on the entry form by UPS/FedEx delivery. There is no warranty or guarantee as to The First Runner-up Winner Prize except as may be provided by the manufacturer. Any depictions are for illustrative purposes only.

3) The Second Runner-up Winner prize is a Diamondback Haanjo or Haanjenn Bike with an ARV of $1,000.00 U.S. dollars and a one year supply of pistachios with an approximate ARV of $250.00 U.S. dollars. The one year supply of pistachios will be delivered to the Second Runner-up Winner via one (1) shipment/deliver of approximately 25 pounds of pistachios to the Second Runner-up Winner’s residence specified on the entry form by UPS/FedEx delivery. There is no warranty or guarantee as to The Second Runner-up Winner Prize except as may be provided by the manufacturer. Any depictions are for illustrative purposes only.

The winner and winners of the Top Winner prize, The First Runner-up prize, and the Second Runner-up prize are referred to individually as Winner and collectively as Winners. Any federal, state and local taxes, including any applicable sales tax, on the Top Winner Prize, First Runner up Winner Prize, and Second Runner Up Winner Prize are the sole responsibility of each individual submitting the winning Entries. Each Winner may be sent an IRS Federal 1099-MISC tax form for the retail value of any Prize at or above $600. No transfer, refund, substitution, cash value or replacement of Winner Prize permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal or greater value (or cash equivalent) in its sole discretion. Any portion of any Winner Prize not accepted or unclaimed and/or unused by the Winner will be forfeited and will not be substituted.

JUDGING:
All Entries will be judged by four (4) experts (“Judges”) including BECCI TWOMBLEY, RD, CSSD, Director of Sports Nutrition, University of Southern California, MIKE ROUSSELL, PH. D. Nutrition Advisor for Men's Health, BRYAN SNYDER, RD Director of Team Nutrition, Denver Broncos, and CHERYL FORBERG, RD Chef and Nutritionist, The Biggest Loser based on the following four (4) criteria:
Nutritional soundness of the diet; success in achieving fitness and/or health goals; originality of approach to achieving goals; and overall strength of the entry and submitted images/video. All factors will be weighed equally.

All decisions as to Entries will be determined in the sole discretion of the Judges.

After the Contest Period, on December 15, 2016 or such other date as identified by Sponsor within its sole and absolute discretion, Sponsor will notify those selected as a potential winner (“Potential Winner”). Sponsor will send to each Potential Winner by email or by postal mailing and/or Federal Express, at the email address and/or home address provided on the Entry, an Affidavit of Eligibility, Release of Liability, Confidentiality Agreements, and Publicity Release (“Affidavit and Release”), unless prohibited by law, and any other forms, documentations or agreements that Sponsor requires (the “Affidavit Materials”). In order to become a Winner, the Potential Winner must sign and return to Sponsor the Affidavit Materials within ten (10) days from the date Sponsor provides the Affidavit and Release. In the event: (i) a Potential Winner does not return the Affidavit Materials or cannot be reached for whatever reason based on the information stated in the Entry; the Potential Winner shall be disqualified and an alternative Potential Winner will be chosen.

Endorsements: If any Entrant, including any individual with a Winning Entry, makes any statements that promote Sponsor or any of its Advertising Partner, or either of their respective products or services, Entrant, as applicable, shall: (i) only make statements that reflect Entrant’s honest beliefs, opinions, or experiences; (ii) not make any deceptive or misleading claims about the products or services, (iii) make it clear that such statements are those of the Entrant only and not of the Sponsor or Advertising Partner, and (iv) disclose that they have entered and if accurate been selected as a Potential Winner or Winner. Entrants must comply with all applicable Federal Trade Commission rules and regulations, including without limitation the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, as amended.

Ownership: By submitting an Entry, each Entrant, agrees that the Entry, including the Essay and Photos, and any Video, whether or not protected by copyright, shall not be returned or acknowledged. Each Entrant, and the Winner agrees that he or she grants to Sponsor an irrevocable royalty-free perpetual license of all right, title and interest in and to such Entry, including the Essay and Photos, and any Video, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised including, but not limited to, print, TV, radio, mobile, cable, electronic, digital, online, Internet, social media, or World Wide Web without the need for any prior consent. Each Entrant, hereby appoints Sponsor as his attorney-in-fact to sign any documents necessary to transfer and assign Entrant’s copyright to Sponsor, to exercise Sponsor's rights hereunder. The licensed rights granted by these Official Rules are applicable to all translations, localizations, modifications, derivations and to the creation and use of promotional or other materials to promote or complement the Contest.

PUBLICITY RELEASE, USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by submitting an Entry, Entrant agrees and consents to irrevocably grant all rights to Sponsor and its parent corporations, subsidiaries, affiliates, successors, assigns, transferees, suppliers, distributors, advertisers, advertising/promotion agencies, vendors, production companies, Advertising Partner, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, sublicensees, successors and assigns of all of the foregoing and each such company’s officers, directors, employees, agents and representatives (collectively, the "Sponsor Parties") the perpetual, royalty-free right and permission, worldwide, throughout the universe, to use, record, photograph, perform, translate, license, publish, exhibit, make available, digitize, display, produce, reproduce, syndicate, video tape, telecast (by any means), distribute, sell and otherwise exploit, in whole or in part, respectively, Winning Entrant’s name, sobriquet, biographical information, testimonials and endorsements, picture, portraits, voice, likeness, photographs, and images (the “Likenesses”) for any and all purposes, including, but not limited to, advertising, trade, syndication, and/or promotion, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital, mobile, third party websites and platforms, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, including, but not limited to, in connection with the Contest. All Entrants acknowledge and agree that Sponsor and Advertising Partner can freely transfer, assign, license, and/or sublicense the foregoing rights without any obligation of approval, notice, consent or compensation. In addition, Entrants agree to transfer any rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entry, and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation. Also by submitting the Entry, Entrant acknowledges he or she will be sharing their personal information with Sponsor Parties in connection with the Contest. Personal information collected by Sponsor will be used for administration of the Contest. In addition, personal information will be used by Sponsor as provided for in its privacy policy at http://www.AmericanPistachios.org.

WARRANTY: By submitting an Entry, you represent and warrant that: (i) you are an Eligible Participant and your Entry complies with the Official Rules; (ii) you are the creator of the Entry; (iii) the Entry was not previously published or the winner of an award of any kind; (iv) the Entry does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (v) the use, exhibition, or exploitation of the Entry by Sponsor or any Advertising Partner will not require them to pay or incur any sums to any persons; (vi) you are not a member of ACTRA, SAG-AFTRA or any other performer's guild or union; and (vii) you obtained all permissions necessary in connection with the Entry and, upon request, will provide those permissions to Sponsor in a form acceptable to Sponsor. In the event any Entry does not comply with the foregoing, Sponsor reserves the right to disqualify any such Entry, at any time.

WAIVER OF RIGHT OF APPROVAL: Entrants, and Winner’s hereby waive any right of inspection or approval of the Entry or Likenesses as used and distributed by the Sponsor Parties, including without limitation any approval of Entrant's Likeness.

No Right to Compensation/NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant and each Winner, hereby acknowledges and agrees that the relationship between them and Sponsor is not a confidential, fiduciary, or other special relationship, and that Entrant’s decision to submit an Entry for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of Entrant’s Entry. Each person who submits an Entry understands and agrees that the Sponsor, the Judges and the Sponsor Parties have wide access to ideas, stories, content and material, and that new ideas are constantly being submitted to the Sponsor and the Sponsor Parties or being developed by their own employees. Many of these ideas may be competitive with, similar or identical to the Entry in theme, idea, format or other respects. In this regard, you understand that no credit, compensation or other recourse will be provided to you as a result of your participation in the Contest. In addition, each Entrant and each Winner, acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry, including the Essay, any Photo and any Video. Each Entrant and each Winner acknowledges and agrees that, with respect to any claim by Entrant or Winner relating to or arising out of Sponsor's or Advertising Partner’s actual or alleged exploitation or use of any Entry or other material or works in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant or Winner shall not be irreparable or otherwise sufficient to entitle such Entrant or Winner to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Further, by submitting the Entry, each Entrant or Winner agrees Entrant shall not be entitled to any compensation for use of the Entry, or Likenesses, photograph, voice, biographical information, endorsements or any other information concerning you, including any copyrighted work.

INTERNET: If for any reason the Contest does not occur as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the redemption process and/or to cancel, terminate, modify or suspend the Contest, in whole or in part. 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 malfunctions 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 due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor is not responsible for any entries lost or not received.

Right to Cancel, Modify or Disqualify: Sponsor reserves the right to modify, extend, suspend or terminate the Contest, or any part of it, in its sole discretion, for any reason, including fraud, technical failures or difficulties, human error or any reason that may affect the integrity or functioning of the Contest, and notice of any modification, extension, suspension or termination will be posted at the Website.

Release and Waiver; Indemnification: By participating in the Contest and submitting the Entry, each Entrant, and each Winner agrees to release and hold harmless Sponsor Parties, affiliates, suppliers, distributors, and advertising/promotion agencies, Judges and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all claim, cause of action, or liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury, emotional distress, invasion of privacy, misappropriation of name and likeness, infringement, defamation, death, or damage to or loss of property which may occur in connection with the Contest, the Entry, any Prize or use of any Prize, and the use, distribution, airing, posting or any other use of the Entry and/or any rights granted to Sponsor under the Official Rules. In addition, you acknowledge that the Sponsor Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Sponsor Parties from any and all claims arising from their use and distribution of your Entry.
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DISPUTES: THIS CONTEST, INCLUDING ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR WINNERS, OR SPONSOR IN CONNECTION WITH THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN FRESNO COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN STATE OF CALIFORNIA, AS DETERMINED BY SPONSOR. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN STATE OF CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, TREBLE, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT AND WINNER AGREES THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT OR WINNER, RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE AAA RULES, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN.

Limitations of Liability: The Released Parties are not responsible for: (i) any incorrect or inaccurate information or statement, whether caused by any Entrants, or any Winners, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (ii) incomplete, lost, late, misdirected, or illegible Entries or for failure to receive Entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Released Parties, Sponsor Parties or otherwise, that may limit an Entrant’s and the Winner 's ability to participate in this Contest; (iii) unauthorized human intervention in any part of the entry process or Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of Entries; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest, winning a Prize or use of any information or material submitted for the Contest in the manner described in these Terms and Conditions; or (vi) an Entrant’s or Winner’s claim that he or she has somehow been defamed or portrayed in a false light.

UNDER NO CIRCUMSTANCES WILL ANY ENTRANTS, OR ANY WINNERS BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ALL ENTRANTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

LIST OF WINNERS: A “Winners list” will be posted on American Pistachio Growers’ website, www.AmericanPistachios.org on or about December 16, 2016.

SPONSOR/ADMINISTRATOR: The sponsor, administrator, and operator of the Contest is American Pistachio Growers ("Sponsor").

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK OR TWITTER. “Facebook” is a registered trademark of Facebook, Inc. “Twitter” is a registered trademark of Twitter, Inc. Any questions concerning the Contest should be directed to Sponsor, not Facebook or Twitter irrespective of any use of these sites that may occur in connection with promoting the Contest.