US Sweepstakes & Fulfillment Company
FINAL - OFFICIAL RULES 05/28/13
The Ruiz Foods "Circle K Gift Card Giveaway" Sweepstakes
07/01/13 – 09/01/13- Promotion Dates
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility: The Ruiz Foods "Circle K Gift Card Giveaway" Sweepstakes (the "Sweepstakes") is open to legal residents of CA, OR, WA, SC, NC, GA, AL, FL, LA, MS, TN, AR, IN, KY, MA, ME, MD, MI, MN, NH, OH, PA, VA, VT, WI, WV, IL, IA, and MO who are at least 18 years old at the time of entry. Void outside the U.S., in Puerto Rico, and wherever else prohibited by law. Employees of Ruiz Food Products, Inc. (the "Sponsor"), its parent company, subsidiaries, affiliates, distributors and retailers, their participating advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Entry: To enter, visit www.myTornados.com/CircleK, fill out the entry form in its entirety, and submit to receive one (1) entry into the drawing for the zone in which you reside as defined below. Entries must be received between 12:00:01 AM Eastern Standard Time (“EST”) on Monday, July 1, 2013 and 11:59:59PM EST on Sunday, September 1, 2013, (the "Sweepstakes Entry Period"). Limit: One (1) entry per person per email address per day during the Sweepstakes Entry Period.
|Participating Zones||Participating States|
|West Coast||CA, OR, WA|
|Gulf||AL, AR, LA, MS, TN|
|Southeast||GA, NC, SC|
|Midwest||IL, IN, IA, KY, MO|
|Great Lakes||ME, MA, MD, MI, MN, NH, OH, PA, VA, VT, WI, WV|
Prizes/Approximate Retail Value ("ARV"):
Grand Prize: Six (6) Grand Prizes will be available to be won of a $750 Circle K gift card. ARV of Grand Prize is $750 each.
First Prize: Eighteen (18) First Prizes will be available to be won of a $500 Circle K gift card. ARV of First Prize is $500 each.
Second Prize: Twenty-four (24) Second Prizes will be available to be won of a $250 Circle K gift card. ARV of Second Prize is $250 each.
Third Prize: Forty-two (42) Third Prizes will be available to be won of a $100 Circle K gift card. ARV of Third Prize is $100 each.
Fourth Prize: Sixty-six (66) Fourth Prizes will be available to be won of a $50 Circle K gift card. ARV of Fourth Prize is $50 each.
Entrants can only win a prize for the zone in which they reside. Limit: One (1) prize per person and per household.
Total ARV of all prizes available to be won: $27,000.
Winner Selection and Notification: One (1) Grand, three (3) First, four (4) Second, seven (7) Third, and eleven (11) Fourth Prize winners will be selected for each Participating Zone from among all eligible entries received for that zone during the Sweepstakes Entry Period. All winners will be selected in a series of random drawings to be held on or about Monday, September 9, 2013, under the supervision of an Independent Sweepstakes Administrator (the “ISA”), acting on behalf of the Sponsor, whose decisions shall be binding. Grand Prize winners will be notified via email and/or phone, and required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Wavier, a W-9 Form and where allowable, a Publicity Release (collectively, the "Releases"). First, Second, Third and Fourth Prize winners will be notified at the email address provided at entry and requested to confirm their name and address within 48 hours via a return email. Prizes will be delivered to address provided by the winner within 4-6 weeks of the winner’s verification. Non-winning entrants will not be notified.
Odds: The odds of winning a prize are dependent upon the number of eligible entries received for each zone during the Sweepstakes Entry Period.
Prize Conditions: Winners are responsible for all federal, state, local and income taxes associated with winning a prize. If a prize notification or prize is returned as undeliverable, if selected winner does not return the Releases or respond with a valid address by the provided deadline, cannot accept or receive the prize for any reason, or if winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the prize may be awarded to an alternate winner to be selected in a separate random drawing. Upon disqualification, no compensation will be given.
Prize is not redeemable for cash. Prize is non-assignable or transferable. No substitution is permitted except if prize or prize component is unavailable, in which case a prize of equal or greater value will be awarded. Except where prohibited by law, entry and/or acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND SWEEPSTAKES WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
General: Participating entrants agree to these Official Rules and the decisions of US Sweepstakes & Fulfillment Company and the Sponsor, and entrants release the Sponsor, its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. By participating in the promotion, each entrant releases and agrees to indemnify the Released Parties and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the promotion, or arising out of participation in any promotion-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any promotion or prize- related activity, whether hosted by Sponsor or a third party. Winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this Sweepstakes or use/misuse or redemption of the prize.
Notice To Online Entrants: Sponsor is not responsible for faulty, incorrect or mistranscribed transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Sweepstakes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/Independent Administrator, in their sole discretion. In the event of termination a notice will be posted online and Sponsor will select Sweepstakes winners from all eligible entries received up to the time of termination or modification, and Sweepstakes Entries will be judged from among all eligible Sweepstakes Entries received prior to termination. Any damage made to the Sweepstakes site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, or programmed methods of participation/voting will void all such submissions/votes by such methods. Sponsor reserves the right to prohibit the participation/voting of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Any claims relating to the Sweepstakes shall be governed by California law without regard to its conflict of law rules, and any such claim must be heard in California.
In the event of a dispute regarding the identity of an entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the email address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor, Facebook, Inc., their affiliate companies, parents, subsidiaries, divisions, officers, directors, and agents are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes.
The decisions of Sponsor and any independent judging organization are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to withdrawal.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the 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. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Official Rules Request: To request a copy of the Official Rules, send a self-addressed, stamped envelope by Monday, September 30, 2013, to: Ruiz Foods Circle K Gift Card Giveaway Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625.
Winner Confirmation: Winner Confirmation: For a written confirmation of the winner (available after Monday, September 9, 2013) send a stamped, self-addressed envelope (no later than Monday, September 30, 2013), to: Ruiz Foods Circle K Gift Card Giveaway Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625.
Administrator: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
Sponsor: Ruiz Food Products, Inc., 501 South Alta Avenue, Dinuba, CA 93618
Void outside the U.S., in Puerto Rico, and wherever else prohibited.