NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF california WHO ARE 18 YEARS and OLDer AT THE TIME OF ENTRY.
The Save Mart Supermarkets Modesto Nuts Sweepstakes (“Sweepstakes”) is sponsored by the Save Mart Supermarkets, a California corporation, 1800 Standiford Avenue, Modesto, CA 95350 (“Sponsor”) and is administered by Ignite Social Media, 280 Daines Street, Suite 200, Birmingham, MI 48009 (“Administrator”).
- SWEEPSTAKES PERIOD: The Sweepstakes begins on July 30, 2018, at 7:00 A.M. Pacific Time (“PT”) and ends on August 6, 2018, at 11:59:59 P.M. PT (“Sweepstakes Period”).
Sponsor’s computer is the official clock of the Sweepstakes.
- ELIGIBILITY: This Sweepstakes is offered only to legal residents of California who are eighteen (18) years and older at the time of entry. Employees of Sponsor, Administrator and each of their respective parent companies, subsidiaries and affiliates, distributors and companies involved in the implementation and execution of the Sweepstakes (collectively, “Sweepstakes Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, an individual who meets the eligibility requirements and enters the Sweepstakes agrees to be bound by these official rules (“Official Rules”) and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Sweepstakes.
- HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an entrant must log on to his or her Facebook account (or create an account if he or she does not already have one), visit www.facebook.com/savemartsupermarkets and look for the Modesto Nuts post and comment on the post to receive one (1) entry into the Sweepstakes.
Entry Limit: Only one (1) entry per person for the Sweepstakes Period. Entrants attempting to use multiple Facebook accounts may be disqualified, at Sponsor’s sole discretion. Entries received from any individual in excess of the stated limitation will be void.
NOTE: Sponsor and Administrator reserve the right to disqualify any entry deemed inappropriate in nature as determined by Sponsor at Sponsor’s sole discretion.
- RANDOM DRAWINGS: On or about August 7, 2018, the Administrator will randomly select twenty (20) potential winners from all eligible entries received during the entire Sweepstakes Period for the prizes set forth in Section 5 of these Official Rules. Winners are deemed to be potential winners pending verification of his or her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
- PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (“ARV”): TWENTY (20) PRIZES: Twenty (20) prizes will be awarded. Each winner will receive a four (4) tickets to the Modesto Nuts Home Game on August 17, 2018 (ARV: $200 each prize). Use of tickets are subject to all terms and conditions. Sponsor will not replace tickets that are lost, stolen, defaced or used without permission. Except as required by law, no cash equivalent for the prize, prize is nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. All costs and expenses not specifically included herein are solely the prize winner’s responsibility, as are all federal, state and local taxes. Sponsor bears no responsibility if game is canceled, postponed or becomes unavailable for any reason. Should game become unavailable, Sponsor shall have no obligation to the winner. Prize winner and his or her guest shall be subject to all Official Rules printed on any event admission or ticket. Prize winner is solely responsible for all costs and expenses associated with the prize not stated in these Official Rules. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. ARV of all prizes: $4,000.00
- HOW TO CLAIM A PRIZE: Potential winners will be notified on or about July 7, 2018, by being tagged on the Modesto Nuts Facebook post with further instructions on how to claim the prize. If a potential winner does not respond to the winner notification message within the time period stated in the notification message, such potential winner’s prize may be forfeited, and alternate potential winner(s) may be selected.
Each potential winner will also be required to respond to an email notification within the time period stated in the winner notification email with the information requested, which may include, but is not limited to, his or her mailing address (P.O. Boxes are not permitted). If the potential winner fails or refuses to provide the information requested by the date stated in the prize notification email, the potential winner may be disqualified. In the event that an email notification or any other winner notification is returned as undeliverable, or if there is no response to an email notification or any other winner notification is not received within the stated time period, or if a potential winner does not comply with these Official Rules, he or she may, at Sponsor’s sole discretion, be disqualified, and the prize he or she may have been entitled to will be forfeited. If a prize is forfeited for any reason, an alternate potential winner may be selected in a random drawing from all remaining non-winning entries received during the Sweepstakes Period. An agent of Sponsor will send each potential winner his or her prize to the address the respective winner provided when responding to the winner notification email for delivery prior to the game date.
- LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the failure to capture or loss of any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website or any Sweepstakes-related website(s).
This Sweepstakes is subject to all federal, state and local laws and regulations.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action[s], regulation[s], order[s] or request[s] prove[s] to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry; (i) any technical malfunctions or unavailability of a website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider or mail service utilized by any of the Released Parties or by an entrant; (j) interruption or inability to access the Sweepstakes or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Sweepstakes, including any prize components, are 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 noninfringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of California or the appropriate California State Court located in Stanislaus County, California; (2) 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 attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State 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. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
- GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address associated with Facebook account used to submit an 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 other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules, the details of the Sweepstakes as set forth in these Official Rules shall prevail. Sponsor reserves the right to modify, cancel or terminate the Sweepstakes in its sole discretion.
- WINNERS LIST: To obtain information about the winners, interested individuals should place a self-addressed, stamped business-sized envelope in an envelope and mail it to: Save Mart Supermarkets Modesto Nuts Sweepstakes - Winners List Request, 280 Daines Street, Suite 200, Birmingham, MI 48009. Winners list requests must be received by October 8, 2018.