Ventura Foods Mel-Fry Interactive Learning Contest Terms & Conditions

Participants: This is a limited online interactive learning module contest (the “Contest”) open only to employees of Advantage Waypoint, LLC d/b/a Waypoint (“Waypoint”) that are brokers of the Mel-Fry product manufactured by Ventura Foods, LLC (“Ventura Foods”). Only Waypoint employees that sell the Mel-Fry product of Ventura Foods are eligible for participation in this Contest (the “Participants”). Participants in the Contest may earn rewards by completing the Mel-Fry Interactive Learning Module but must be employed by Waypoint at the time a prize is awarded and.

Length of Contest: November __, 2022 – December __, 2022 (“Contest Period”). Prizes will be awarded on a first come, first served basis and will be awarded after the Contest Period ends.

Prizes: One (1) winner will be selected to receive a prize consisting of [LIST ALL PRIZES HERE AND NUMBER OF WINNERS, INCLUDING PRIZE NAME; VALUE]. Total ARV: [TOTAL VALUE OF ALL PRIZES]

Contest Terms and Conditions: ONLY ONE ENTRY PER PERSON. NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE, UNLESS OTHERWISE PROHIBITED. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) THAT GOVERN ENTRY INTO THE CONTEST. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.

This Contest is only open to Participants who agree to be bound by these Terms and Conditions and decisions of the Contest sponsor, Ventura Foods. The Contest sponsor reserves the right to disqualify any Participant and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest. Ventura Foods will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and Contest sponsor decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, intentional interference or any event beyond the control of the Contest sponsor, the Contest sponsor reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Contest sponsor deems appropriate. All decisions will be made by the Contest sponsors and are final. The Contest sponsor may waive any of these rules in their sole discretion.

Participants agree to abide by all applicable laws and regulations including the Contest Terms and Conditions. By participating in this Contest, all Participants agree to release, hold harmless, and agree not to institute any claim against Advantage Waypoint, LLC d/b/a Waypoint or Ventura Foods, LLC and its respective parent companies, affiliates, subsidiaries, and their respective officers, directors, employees, agents, and representatives (collectively, "Released Parties") from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, redemption, selection, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; and/or 2) participation in the Contest or any prize related activities, including but not limited to traveling to or from any prize related activity. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event will the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Upon delivery of the prize to the Participant, the Contest sponsor will be deemed to have awarded the prize to the Participant with the Participant assuming full responsibility for the prize. All Participants acknowledge and agree that the prizes have no cash value and will not be exchanged for cash by Ventura Foods. Ventura Foods, LLC has the right to cancel this Contest at any time for any reason. Participants are not required to participate in the Contest and may reject any prize or award. Winner is responsible for all applicable national, federal, state and local taxes, if any. The awarding of any prize is contingent upon full compliance with these Terms and Conditions.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE, IS 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. THIS CONTEST IS GOVERNED BY THE LAWS OF CALIFORNIA without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively by the Courts located in Orange County, California. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Contest. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. If any provision of these Terms and Conditions or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Terms and Conditions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Contest details contained in these Terms and Conditions and Contest details contained in any promotional materials (including but not limited to advertising and other promotional media), the details of the Contest as set forth in these Terms and Conditions shall prevail. For winners’ names, available after the Contest Period, send a separate, self-addressed, self-stamped envelope to: Winner’s List, 40 Pointe Drive, Brea, CA 92821 requesting a list of winners in the Contest. Winner’s list requests must be received by December 31, 2022.