Birch Benders Promotion Official Rules – January/February 2021 WinCo Promotion
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. MANY WILL ENTER, FEW WILL WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sponsor: WinCo Foods, LLC, P.O. Box 5756 Boise, ID 83705-5756 Eligibility. Birch Benders (the “Promotion”) is open only to legal residents of the states of Arizona, California, Idaho, Oregon, Montana, Nevada, Utah, Washington, Texas and Oklahoma who are at least eighteen (18) years of age at the time of entry. Employees of Sponsor and its respective affiliates, subsidiaries, successors, assigns, agents, representative, offices, directors, shareholders and employees and their immediate family members (spouse, parents, siblings and children), regardless where they reside, and household members of each such employees are not eligible to enter. Only one (1) prize per household for the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations and is void where prohibited. Participation in the Promotion constitutes your full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion.
Timing. The Promotion begins on January 18, 2021 at 12:00:01 a.m. Mountain Time (“MT”) and ends on February 21, 2021 at 11:59:59 p.m. MT (the “Entry Period”). For the purposes of this Promotion a day (“Day”) is defined as a calendar day beginning at 12:00:01 a.m. MT and ending at 11:59:59 p.m. MT. Administrator’s computer is the official time-keeping device for the Promotion.
How to Enter. During the Entry Period: Follow the online instructions on the website and complete and submit an entry form with a valid home address and e-mail address. You will automatically receive one (1) Entry. The one (1) aforementioned website shall hereinafter be referred to as the “Promotion Site.” All Entries must be received no later than February 21, 2021 at 11:59:59 p.m. (MT). Limit: One (1) Entry per person/email address/household during the Entry Period. You will be asked to provide basic contact information, including your name, street address, phone number and email address. If entering the Promotion via Facebook, you must be the owner of the email account associated with the Facebook account from which your entry is made. You understand you are providing your information to Sponsor and/or Administrator and not to Facebook. All entries become the property of the Sponsor and none will be acknowledged or returned.
Use of any automated system to participate is prohibited and will result in disqualification. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being an authorized account holder. For a copy of these Official Rules, please print them from the Website.
Potential Winners Selection. Sponsor will select a total of eight (8) potential winners (each a “Potential Winner”, collectively “Potential Winners”) at random on or about February 22, 2021 from all eligible entries received. By entering, you grant permission to be contacted by Sponsor by mail/email/telephone in connection with the Promotion. You must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements set forth herein. A Potential Winner is not an official winner (“Official Winner”) until Potential Winner’s eligibility has been verified and Potential Winner has been notified that verification is complete. Sponsor’s decisions are final and binding in all matters related to the Promotion. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If Promotion Site fails for any reason, any Entry during that time will be deemed a defective Entry and is void and will not be honored.
Verification of Potential Winners. Each Potential Winner may, at Sponsor’s sole discretion, be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) (collectively an “Affidavit”), which must be received by Sponsor within five (5) days of the date notice. If a Potential Winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, that Potential Winner forfeits the prize and Sponsor will select an alternate winner by random drawing.
Prizes (number of prizes)/Odds. Eight (8) winners will receive one (1) $50.00 WinCo Foods gift card (ARV = $400.00).
Odds of winning are based on the number of eligible Entries received. No cash or other substitution, assignment or transfer of any prizes is permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. The Official Winner is responsible for all (if any) federal, state, and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Limit: One (1) prize per person.
Publicity. Except where prohibited, your acceptance of a prize in the Promotion constitutes your consent for Sponsor to use your name, likeness, hometown and state for promotional purposes in any media, without further payment or consideration.
Release. By receipt of any prize, you agree to indemnify Sponsor, Facebook and their respective subsidiaries, affiliates, suppliers, distributors, advertising/Promotion agencies, and prize suppliers, and each of their respective parents and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind (collectively “Losses”) that Released Parties may incur in whole or in part, directly or indirectly, out of your participation in the Promotions or from your acceptance, possession, use, or misuse of any prize awarded in connection with the Promotion.
General Conditions. By entering the Promotion, you promise to abide by the Official Rule and decisions of Sponsor, which will be final and finding in all aspects. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotions, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. No more than the stated number of prizes in these official rules will be awarded. Sponsor, in its sole discretion, reserves the right to disqualify any individual who tampers with the entry process or the operation of the Promotion or who acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
Warning. Any attempt by any person to deliberately undermine the legitimate operation of the Promotions may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limited Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any aspects of the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prizes or in any Promotion-related materials; or (5) any injury or damage to you or to other persons or property which may be caused from your participation in the Promotion and/or your downloading of any materials related to this Promotion. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Promotion.
Disputes. Except where prohibited, by participating, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotions or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the (chosen court); (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain awards for and you hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotions, shall be governed by, and construed in accordance with, the laws of the State of Idaho, without giving effect to any choice of law or conflict of law rules (whether of the State of Idaho or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Idaho.
Winner List. Go to https://www.wincofoods.com/promotion-winners for a winner list or send a self-addressed envelope with proper postage affixed to: WinCo Foods, Attn: Web & Social Team, P.O. Box 5756, Boise, ID 83705-5756.