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California FoodMaxx Email Signup Sweepstakes Official Rules
No Purchase Necessary to Enter or Win. A purchase will not increase your chances of winning. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST be legal residents IN THE STATE OF CA AND NV AND BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
FoodMaxx Email Signup Sweepstakes (the “Sweepstakes”) begins on October 4, 2017 at 12:01 a.m. Pacific Time (“PT”) and ends on December 31, 2017 at 11:59 p.m. PT. (the “Sweepstakes Period”). The Sponsor’s clock will be the official timekeeper for the Sweepstakes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. Normal Internet access and usage charges imposed by your on-line service will apply. Message and data rates may apply for mobile entries. Please check with your carrier for details.
Participation in the Sweepstakes constitutes entrant’s unconditional acceptance of and agreement to these Sweepstakes Official Rules (the “Official Rules”) and the decisions of the sponsor of the Sweepstakes, Save Mart Supermarkets, a California corporation, dba FoodMaxx ("FoodMaxx"), P.O. Box 4278, Modesto, CA 95352-4278 (the “Sponsor”) whose decisions shall be final and legally binding in all respects.
The Sweepstakes is open only to legal residents of the state of California and Nevada, who are 18 years of age or older at the time of entry. Employees, officers, and directors of Sponsor, and each of their affiliated companies, subsidiaries, individuals engaged in the development, production or distribution of Sweepstakes materials, their advertising and Sweepstakes agencies, and any and all other persons associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household, whether related or not, are not eligible to participate. Eligibility is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law.
ARV of all prizes: $300. Winners are responsible for all federal, state and local taxes, if any, and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the relevant month of the Sweepstakes Period. Winners may be required to sign an affidavit of eligibility/release of liability form prior to receiving their prize. Prizes are non-assignable and non-transferable. No cash alternative or substitution will be allowed, provided, however, Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
At the end of each month during the Sweepstakes Period, Sponsor’s representative or designee will select one (1) potential Prize winner in a random drawing from among the entries received during a particular month of the Sweepstakes Period. For example, eligible registration that occurs on October 20th, 2017, is eligible solely for the random drawing for the month of October, 2017.
Random drawings will be conducted on or about October 31, November 30, 2017, and January 2, 2018. The drawings will be under the control of the Sponsor, whose decisions will be final and legally binding in all matters related to this sweepstakes. Potential prizewinners must comply with all terms and conditions of these Official Rules and winning a Prize is contingent upon fulfilling all requirements. All Prize awards are subject to verification and confirmation of eligibility by the Sponsor.
The potential winners will be notified by an email to the email address provided at the time of entry. Potential winners will be required to respond to such notification within 24 hours of the first notification attempt. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within 24 hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected as detailed herein.
Prizewinner is responsible for any and all applicable fees, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of Prize. Winner is advised to seek independent counsel regarding the tax implications of accepting a Prize. Acceptance of any Prize constitutes prizewinner's permission for the Sponsor to use prizewinner's name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
By entering, entrants agree to be bound by these Official Rules and to release and hold harmless Sponsor, Administrator (Digital Attic), and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, trustees, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel or activity related thereto). Entrants represent and warrants that they own and/or have the authority to release the claims stated herein and each expressly waives Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Winners will be required to sign a release as a condition precedent to receiving prizes.
IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM SHALL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN CALIFORNIA. VENUE FOR ANY PROCEEDINGS WILL BE IN STANISLAUS COUNTY, CALIFORNIA OR IN THE EVENT A COURT OF COMPETENT JURISDICTION IS NOT LOCATED IN SUCH COUNTY, THE NEAREST COUNTY THERETO WITH A COURT OF COMPETENT JURISDICTION. REMEDIES SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/ OR SWEEPSTAKES ENTITIES AND/ OR ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes, entries, plays or prize claims, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged, incomplete, inaccurate, stolen, garbled, delayed, misdirected or stolen mail or entries; or (6) any injury 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 or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible as determined by Sponsor in its sole discretion. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Send a self-addressed stamped envelope to “FoodMaxx Email Signup Sweepstakes 2017", P.O. Box 4278, Modesto, CA 95352-4278. All such requests must be received by 2/28/2018.