Rules

Lidl & Avocados from Peru Tesla Car Sweepstakes OFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.  

SPONSORS/ADMINISTRATOR: The Sweepstakes is sponsored by Peruvian Avocado Commission, 717 D St. NW, Suite 310, Washington, D.C. 20004 and Lidl US LLC, 3500 S. Clark St. Arlington, VA, 22202  (the “Sponsors”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

ELIGIBILITY: The Lidl & Avocados from Peru Tesla Car Sweepstakes (“Sweepstakes”) is open to legal USA residents who have primary residence in New York, New Jersey, Pennsylvania, Maryland, Washington, D.C., Delaware, Virginia, South Carolina, North Carolina or Georgia, and who are at least eighteen (18) years of age or have reached the age of majority in their respective state of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsors, the Administrator, and NBCUniversal Media, LLC, their respective parent companies, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, (collectively, with Meta (dba Instagram), the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void outside of the states listed above and where prohibited or restricted by law. 

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors and Administrator, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on July 1, 2022 and ends at 11:59:59 p.m. EDT on August 31, 2022 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. In order to obtain one (1) Sweepstakes entry, an Entrant must complete EACH of the following steps of entry:

Join myLidl (sign up for free at lidl.com/register) if you’re not already a member.

Visit the Sweepstakes website, https://lidlavotesla.com/ (the “Website”) and complete the Sweepstakes registration form requesting full name, Instagram handle, and email address. NOTE: The email address submitted on the registration form must be the same email address associated with your myLidl account in order for an entry to qualify.

Follow @lidlus and @avosfromperu on Instagram.

Using a personal Instagram account, post a photo or video showcasing your favorite way to eat avocados. Each Instagram post counts as a new entry.

Tag @lidlus and @avosfromperu in the Instagram post and use the hashtag, #LidlAvoTeslaSweepstakes within the post.

Proof of entry information at the Website or Instagram post is not considered proof of delivery to or receipt by Sponsors of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address or social platform, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Entries by any other method, including entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. Administrator reserves the right to disqualify any entry that it determines, in its sole discretion, is not in compliance with these Official Rules. All entries become the property of Sponsor. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram Inc. or Tesla Inc or any of the parents, subsidiaries etc. of those companies.

If you do not have an Instagram account, establishing an account is free. All Instagram Terms apply.

By submitting an Entry via Instagram, each Entrant consents to receive from the Sponsors an Instagram comment or direct message, or if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public Instagram account in order to accept an eligible entry. Entries made by a private Instagram account will not be recognized. In addition, Entrants must enter the Sweepstakes using a personally registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, may be disqualified at the sole discretion of the Administrator. The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. By participating, you consent to Sponsors’ and theirs agents’ use of your personal information and entry post(s) for the administration of this Sweepstakes.

If the entry contains any material or elements that are not owned by the Entrant or provided by the Sponsors, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person (or, if a minor, from their parent or legal guardian) who appears in or is identifiable in the entry (collectively, the “Clearances”)..

By submitting an entry, each Entrant: 1) irrevocably grants Sponsors, and their licensees, successors and assigns,  a royalty-free non-exclusive  perpetual license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry (and all elements embodied therein), including Entrant’s name, handle, biographical information, voice, performance, image or other likeness, in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Sweepstakes of Sponsors' products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.

Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsors’ discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) (xi) materials in which any minor person identifiably appears unless Entrant has obtained an appropriate written release from that minor subject’s parent and/or guardian granting all rights required herein (xii) materials which do not comply with all other requirements in these Official Rules.  Entries that do not conform to these guidelines will be disqualified. Sponsors reserve the right to reject or disqualify any entry which Sponsors, in their sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to their, the Sweepstakes’, or another’s image or reputation.

DRAWING AND NOTIFICATION: The potential winner (“Winner”) will be selected in a random drawing conducted by the Administrator. The prize drawing will be conducted on or about September 6, 2022. Odds of winning the Grand Prize will depend on the total number of eligible entries received for the Sweepstakes Period. The potential Winner will be contacted by the Sponsors or Administrator via email and/or Instagram direct message. The potential Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes.  If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if the potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if the potential Winner fails to return requisite document(s) within the specified time period, or if the potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsors’ sole discretion, an alternate Winner may be selected. Only three (3) attempts to award the Prize will be made; after which, Prize will remain unawarded

GRAND PRIZE: There will be one (1) Grand Prize available to be awarded. The Grand Prize Winner, upon the Administrator’s confirmation of eligibility, will receive 2022 Tesla 3 with approximately 1,000 miles (“Prize” or “Grand Prize”). The Grand Prize will also include a cash stipend for the Winner to pick up the vehicle at a location designated by the Sponsors. The Approximate Retail Value (“ARV”) of the total Grand Prize package is $50,000. The value of the Prize set forth above represents Sponsors’ good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded.  Winner will NOT have an option to receive a cash prize in lieu of the car. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the prize. The Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize.

Winner must provide valid U.S. driver’s license and proof of valid automobile insurance to claim Prize. Any costs associated with registration and licensing of the automobile are the sole responsibility of the Winner. All expenses associated with Prize acceptance or usage not mentioned herein as being provided are the sole responsibility of the Winner. Prize vehicle will be awarded “AS IS” without warranty by Sponsors of any kind. Winner acknowledges that Sponsors have not made nor are in any manner responsible for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize offered in the Sweepstakes, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Prize vehicle may not meet safety testing required in some states, and/or counties/municipalities. Winner is responsible to check their state/county for applicable safety inspection requirements prior to accepting the Prize and must use vehicle in accordance with those regulations.

NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsors, who reserve the right to substitute the Prize with another of equal or greater value.

NOTE 2: The vehicle comes with an Avocados From Peru and Lidl wrap. The Winner understands and agrees that the wrap must remain on the vehicle for at least one (1) year from the date the Winner takes possession of the vehicle.

The Winner is solely responsible for all matters relating to the Prize after it is awarded.  All Prize details are at Sponsor’s sole discretion. 

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsors reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsors reserve the right, at their sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsors’ Website(s); or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsors to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question and they must comply with these Official Rules. "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 other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Grand Prize, including CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. Released Parties are also not responsible for (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing, typographical, mechanical, network or human errors; (iv) errors in the administration of the Sweepstakes or the processing of entries, announcement of the Grand Prize, or in any Sweepstakes-related materials; or (v)  lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, illegible, postage-due, mutilated, incomplete or delayed entries, emails, direct messages, comments, tags, or other communications of any kind  Released Parties assume 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsors or Winner on account of technical problems, human error or traffic congestion on the Internet or at any Website or platform, or any combination thereof, including any injury or damage to Entrant's or any other person's computer, or other device, relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

PUBLICITY GRANT: By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsors and the Released Parties (which grant will be confirmed in writing upon Sponsors’ request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsors in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s, province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the District of Columbia; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and they waive any right to seek injunctive or equitable relief.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.  For the purpose of clarification, these Official Rules do not apply to, effect, or supersede any agreements or contracts between the Sponsors and or between a Sponsor and the Administrator. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsors and Administrator. The waiver by Sponsors or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsors, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsors, Administrator, and Entrant.  

PRIVACY: Information collected in connection with the Sweepstakes will be used in accordance with each Lidl’s privacy policy which can be found at and https://www.lidl.com/privacy-policy.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by October 31, 2022, to: ASC/AFP “Lidl Tesla” Sweepstakes Winners List Request, 300 State St. Ste. 402, Rochester, NY 14614.