Gumball Machine Giveaway
CONTEST OFFICIAL RULES
The following are the Contest Official Rules (the“Gumball Machine Giveaway”) for the Gumball Machine Giveaway contest. As used in these Official Rules, “you” or “contestant” means any person submitting an entry to the Contest. By entering or participating in the Contest, you accept these Official Rules as a binding agreement between you and the Sponsor named below and agree to abide and be bound by them. These Official Rules cannot be changed or amended in any manner, except as permitted in these Official Rules. These Official Rules apply only to the Contest and not to any other sweepstakes, contests or promotions sponsored by the Sponsor. The decisions of the Sponsor are final and binding.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY.
SPONSOR: Associated Food Stores, whose address is 1850 W 2100 S, Salt Lake City, UT is the “Sponsor” of the Contest. No company or person providing a prize is a sponsor, endorser or administrator of the Contest. The Contest is not sponsored, endorsed, administered by or associated with Facebook or any other Internet social media outlet. Any content or information provided by contestants on Facebook or other Internet social media outlets is being provided to the Sponsor and not Facebook or any other Internet social media outlet.
CONTEST PERIOD: Contestants may enter the Contest beginning August 1, 2019 until 11:59 p.m. and end on August 31, 2019 at which time no further entries may be made (the “Contest Period”). Any entries received after the Contest Period will be disregarded by the Sponsor and are ineligible to participate in the Contest.
ELIGIBILITY: The Contest is open to legal residents of Utah, Idaho, Nevada and Colorado who are 18 years of age or older (or the age of majority in the contestant’s state of legal residence, whichever is older) at the time of entry. Employees of the Sponsor and the other Sponsoring Parties, the immediate family members of such employees (i.e., spouses, domestic partners, parents, step-parents, siblings, step-siblings, children, step-children, grandparents, step-grandparents, grandchildren, step-grandchildren and their respective spouses) and any persons living in the same household of such employees, whether or not related to the employee, are not eligible to participate in the Contest. As used in these Official Rules, “Sponsoring Parties” means Sponsor, any website company hosting or promoting the Contest, any
marketing or advertising agency promoting the Contest, and any subsidiaries or affiliates of any of the foregoing. The Contest is subject to all applicable federal, state, and local laws.
HOW TO ENTER: You may enter the Contest by 1)Visiting afstores.com/gumball and providing your contact information and guess for how many gumballs are in the gumball machine. The grand prize winner will be awarded a gumball machine. The grand prize winner will be randomly selected based on closest guess to actual amount of gumballs in the gumball machine.
PRIZES: Winners of the Gumball Machine promotion could win the following prizes:
A gumball machine
RANDOM DRAWING: Winners will be selected based on guess of amount of gumballs held August 31, 2019. Odds of winning the Contest prize depend on the number of correct guess entries received throughout the Contest Period. Should there be a tie, a random selection will occur.
WINNER NOTIFICATION: Potential winners of the Contest prize will be contacted at the “entry” email address or phone number used to enter the Contest. Failure of a contestant to provide an accurate, working email address or phone number through which Sponsor may contact the contestant will disqualify him or her from receiving the Contest prize. Entries will be deemed to have been submitted by the authorized account holder of the social media account from which the entry is made. The person receiving and replying to the winner announcement email address or phone number will be considered the winner unless they specify another person within the reply as the winner. [Sponsor will mail the Contest prize to the address supplied by the recipient of the winner announcement email address or phone number.] To claim the Contest prize, the winner must send, and Sponsor must receive, a response within 24 hours after being notified of the winning. Failure to respond within that 24-hour period shall mean that the winner forfeits the prize. Sponsor is not required to award elsewhere any prizes forfeited by the chosen winner(s).
By participating, you agree: (a) to abide by these Official Rules and decisions of the Sponsor, which shall be final in all respects relating to the Contest; (b) to release, discharge and hold harmless the Sponsor, the other Sponsoring Parties, and their respective parents, affiliates, subsidiaries, and advertising and Contest agencies, and
the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or the acceptance, possession, use or misuse of any awarded prize (or portion thereof), including any/all travel/activity related thereto; and (c) to the use of his/her name, address (city and state), voice, performance, photograph, image and/or other likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by the Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized account subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
Released Parties are not responsible for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled, postage-due, illegible, inaccurate, delayed or stolen entries or mail; or for 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 or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether typographical, human mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Contest, including without limitation errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries or mail, the announcement of the prize or in any Contest-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. The Released Parties are not responsible for injury or damage to contestants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. The Sponsor may disqualify anyone from participating in the Contest or winning the prize (and void all associated
entries) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other contestant or the Sponsor’s representatives.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The Sponsor reserves the right in its sole discretion to cancel, modify or suspend any portion of the Contest for any reason, including should any cause corrupt the administration, security or proper play of the Contest and, in the event of termination, to determine the potential winner in a random drawing from among all eligible non-suspect entries received and combined up to such time of impairment or suspension.
DISPUTE RESOLUTION: Except where prohibited by law, as a condition of participating in the Contest, contestants agree that (1) any and all disputes and causes of action arising out of or connected with the Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Utah Uniform Arbitration Act (“UUAA”); (2) all arbitrations proceedings shall be conducted in Salt Lake City, Utah; (3) the UUAA shall govern the interpretation, enforcement and all proceedings at such arbitration; and (4) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestants be permitted to obtain awards for, and contestants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and contestants further waive all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Idaho.