505 SOUTHWESTERN™ SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility:The 505 Southwestern Balloon Fiesta Sweepstakes (the “Sweepstakes”) is open only to legal residents of one of the fifty (50) United States (or the District of Columbia) who are at least eighteen (18) years of age (or the age of majority in such resident’s jurisdiction, whichever is higher) at the time of entry, who register to vote for food trucks in the 505 Clash of the Hatch Contest, described at https://www.505clashofthehatch.com/ (the
“Services”). Employees and non-employee workers of Flagship Food Group, (“Sponsor”, “we”, “us”, and “our”), and its parents, subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee or non-employee worker are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside of the United States, as well as wherever prohibited by law.
Timing:The Sweepstakes is effective as of August 15, 2017 and is scheduled to end on January 15, 2018 (the "Sweepstakes Period"). All entries must be received by on January 15, 2018 at 11:59PM Pacific Time (PT) to be eligible.
How to Participate/Win:
- Entry to the Sweepstakes shall be made available by voting in the Contest at https://www.505clashofthehatch.com/vote where Entrants shall post one (1) vote after entering their name, zip code, and verifiable email address (each vote referred to as an “Entry”). Entries shall be used to determine winners of the Clash of the Hatch Contest pursuant to its rules available at https://www.505clashofthehatch.com/rules.
- Each Entrant is not allowed to submit more than one (1) Entry.
- The Sweepstakes involves the selection of one (1) qualified Entrants (“Sweepstakes Winner”) from the Entries. The Sweepstakes Winner will be selected through a random drawing from among all eligible entries received. The Sponsor reserves the right to reject any Entry that it deems violates these Sweepstakes Rules or the 505 Southwestern Terms.
- By submitting the Entry, Entrant represents and warrants that the Entrant is the lawful owner of the email address used to submit the Entry.
- An Entrant’s odds of winning are based upon the total number of Entrants that enter the Sweepstakes and vote in the Contest during the Sweepstakes Period.
- The Sweepstakes Winners will be awarded a trip for two to the 2018 Albuquerque Balloon Fiesta, including the following expenses: (1) prepaid economy class round-trip air tickets from a domestic United States airport in the lower 48 states to Albuquerque, NM on an airline of Sponsor’s choice; (2) accommodation for two nights at a hotel of Sponsor’s choice in Albuquerque; (3) reimbursement for reasonable food, drink, local taxi and entertainment expenses upon production of sufficient receipts (not to exceed $100 per day per person). However, in no event will the total value of the award be greater than two thousand US dollars ($2,000). Sponsor reserves the right in its sole discretion to substitute any prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason. Details of prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of Sponsor. Prizes are non-assignable and non-transferable.
- To the maximum extent permissible under applicable laws, Sponsor reserves the right to have an Entrant submit to a confidential background check in order to be declared a Sweepstakes Winner.
- Each potential Sweepstakes Winner will be notified via email or postal mail. If the Sponsor attempts to contact a potential Sweepstakes Winner via email or postal mail, then such Entrant must respond to such email or message, and provide all requested information, within the time specified in the email or message. If the Entrant does not respond as provided in the email or message, the Entrant may be disqualified, at Sponsor’s sole discretion, and an alternate potential Sweepstakes Winner may be selected via a random drawing, if time permits.
General Conditions:Sweepstakes Winners are solely responsible for any taxes on any awards or prizes. In the event that the operation, security, or administration of any individual Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, human error, virus or other technical problems, or due to issues or events beyond the Sponsor’s reasonable control, the Sponsor may, in its sole discretion, either: (a) modify the Sweepstakes in a manner that best conforms to the spirit of the Sweepstakes Rules without suspending it; (b) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of the Sweepstakes Rules; or (c) terminate the Sweepstakes. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Sweepstakes Rules of the Sweepstakes or any other promotion, or in an unsportsmanlike or disruptive manner, from participation in any other promotions sponsored by 505 Southwestern, including the Clash of Hatch Contest. Any attempt by any person to undermine the legitimate operation of any part of any Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of the Sweepstakes Rules shall not constitute a waiver of that provision. In the event that a proposed Sweepstakes Winner is deemed ineligible or is disqualified for any reason, then an alternate potential Sweepstakes Winner will be selected via a random drawing from among all eligible Entrants entries received during the appropriate Entry Period, if time permits. By participating in the Sweepstakes, each Entrant agrees to abide by and be bound by these Sweepstakes Rules and the decisions of the Sponsor, as applicable. All such decisions shall be final, binding and non-appealable.
Release and Limitations of Liability:Except where prohibited, by participating in the Sweepstakes, each Entrant agrees to release and hold harmless the Sponsor and its respective parents, subsidiaries, affiliates, promotional partners, prize partners, providers and their respective agents and agencies, officers, directors, and employees, its third party sponsors and vendors, including vendors/suppliers of rewards, as well as any specific parties that may be identified on the Service, (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, cellular, or network lines; (c) printing or typographical errors in any materials associated with the Sweepstakes; (d) errors in these Sweepstakes Rules, in the Sweepstakes-related advertisements or other materials; the selection or announcement of potential Sweepstakes Winners or the announcement or distribution of prizes; the cancellation, suspension or preemption of any contest, scoring tabulation, point tabulation or timing errors or other problems or errors of any kind that may occur in connection with the administration of the Sweepstakes or the processing of entries, whether mechanical, human, electronic, typographical, printing or otherwise; (e) late, lost, or undeliverable mail or email, or other physical or electronic submissions; (f) alleged or actual violations of rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional; (g) the use of or defect in any rewards; or (h) 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, use or misuse of any prize. ALL REWARDS OR OTHER ITEMS ON THE SERVICE OR OTHERWISE PROVIDED BY THE SPONSOR ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the lesser of the actual retail value of the reward (if applicable) and the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses or statutory damages) and any and all rights to have damages multiplied or otherwise increased. 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. If the Sweepstakes has been discontinued for any reason, Sponsor, in its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes for the Sweepstakes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in the Sweepstakes to be 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. Entrant agrees that any claim under these Terms must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred.
IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF ENTRANT IS A RESIDENT OF A STATE OTHER THAN CALIFORNIA, ENTRANT EXPLICITLY WAIVES THE TERMS AND PROTECTIONS OF ANY STATUTE OF HIS/HER STATE THAT HAS A SIMILAR IMPORT OR INTENT.
Disputes:By using the Service and/or participating in the Sweepstakes, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of California, without regard to its principles on conflicts of laws, will govern the Sweepstakes, your use of the Service, and any dispute of any sort that might arise between you and Sponsor.
Entrant and Sponsor agree that any dispute or claim relating to the Sweepstakes or Entrant’s use of the Service will be resolved through binding arbitration, rather than in court, except that Entrant may assert claims in small claims court if Entrant’s claims qualify. In addition, Entrant and Sponsor both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, Entrant and Sponsor each waive any right to a jury trial.
Entrant and Sponsor agree that each may bring claims against the other only in Entrant’s or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, representative action, or private attorney general action. Further, unless both Entrant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of the Sweepstakes.
To begin an arbitration proceeding, Entrant must send a certified letter requesting arbitration and describing your claim to Sponsor at the contact set forth in Section 10 (Contact Us), below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Severability.These rules for the Sweepstakes are severable, and if any portion is determined invalid or unenforceable by a body of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
Contact Us.You may direct any questions, complaints or claims with respect to the Sweepstakes to:
Any notices are to be provided pursuant to the 505 Southwestern Terms.
Sweepstakes Results: Sweepstakes results will be made available on or about January 31, 2018.