Lunds & Byerlys Holiday Extras Sweepstakes: Official Rules
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on December 7, 2017 at 12:00 AM Central Time (“CT”) and ends on January 3, 2018 at 11:59:59 PM CT (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of Minnesota who are at least eighteen (18) years old at the time of entry. Employees of Lund Food Holdings, Inc., and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”), and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. For purposes of the Sweepstakes, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, there are two (2) ways to enter:
A. Lunds & Byerlys Extras: Download the Lunds & Byerlys App or visit Shop.LundsandByerlys.com and register for a Lunds & Byerlys Extras account. At registration you must provide a valid email address, password and Alt ID (preferably a phone number). Upon completion of registration, customer will automatically receive one (1) entry into the Sweepstakes. All customers with a current Lunds & Byerlys Extras account will be entered into the sweepstakes. All registrations must be received by Sponsor or its authorized designee by 11:59:59 PM CT on January 3, 2018.
B. Alternate Method of Entry: Mail-in: Hand print your first and last name, your complete street address, daytime phone number, date of birth, and email address on a 3” x 5” index card or piece of paper and place your entry into an outer-mailing envelope with proper postage affixed and mail it to: Holiday Extras Sweepstakes at Lunds & Byerlys, 4100 West 50th Street, Edina, Minnesota 55424. Mailed entries must be postmarked by 12/31/17 and received by 1/3/18. Limit one (1) entry per person for the duration of the contest. If entering by mail, each entry must be mailed separately in a hand-addressed, postmarked envelope.
Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry per person during the entire Sweepstakes Period. If more than one (1) entry is received from the same person, telephone number and/or e-mail address, only the first entry received may be considered valid.
4. RANDOM DRAWINGS: On or about December 15, 2018; December 22, 2018; January 2, 2018 and January 6, 2018, the Administrator will randomly select one (1) potential winner for each of the weekly First Prize from all eligible entries received. The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. On or about January 12, 2018 the Administrator will randomly select one (1) potential winner for the Grand Prize from all eligible entries received. The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
5. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Grand Prize (1): The Grand Prize is a $5,000 credit applied to the winner’s L&B Extras account for purchases at all Lunds & Byerlys locations. The winner can access that credit for in-store or online purchases using their Extras account number at checkout. The credit will be good thru January 31, 2019, at which point any unused credit will be forfeited. Credit cannot be used for gift card purchases or services. It can only be used for purchases on products. Credit will automatically apply to all purchases until credit is used up or has expired. Supplies of products may be limited at certain locations and certain times of year and rainchecks will not be issued.
B. ARV: The ARV of the Prize is $5,000.
C. Weekly First Prizes (4): There will be four First Prizes awarded, one for each week of the sweepstakes. The first week (Dec. 7 – 13, 2017) prize will be $1,000 credit for all specialty cheese applied to the winner’s L&B Extras account. The second week (Dec. 14 – 20, 2017) prize will be $1,000 credit for all coffee applied to the winner’s L&B Extras account. Coffee purchased from the Caribou locations in our Lunds & Byerlys stores are not included in this credit. The third week (Dec. 21 – 27, 2017) prize will be $1,000 credit for all Salmon applied to the winner’s L&B Extras account. The fourth week (Dec. 28, 2017 – January 3, 2018) prize will be $1,000 credit for all Lunds & Byerlys Reserve Aged Beef applied to the winner’s L&B Extras account. The credits for all prizes will be good thru January 31, 2019, at which point any unused credit will be forfeited. Credit cannot be used for gift card purchases of any items outside of these categories. Supplies of products may be limited at certain locations and certain times of year. Credit will automatically apply to all qualifying purchases until credit is used up or has expired.
D. ARV: The ARV of each the First Prizes is $1,000.
E. Odds of Winning: The odds of winning the Prizes depend on the number of eligible Sweepstakes entries received during the Sweepstakes Period.
F. General Conditions: Exact seat locations at the game shall be determined in the sole discretion of Sponsor. In no event will more than one (1) Prize be awarded during the Sweepstakes Period. If, for any reason, more Prize notifications are sent (or more claims are received) than set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize, or component thereof, of equal or greater value in case of unavailability of the Prize or a Prize component.
Winner agrees that prize may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Sponsor reserves the right to remove or to deny entry to Winner and/or his/her guest if either winner or his/her guest violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person at the event.
6. HOW TO CLAIM THE PRIZE: After the random drawing, Administrator will notify the potential winner by telephone or e-mail. The winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within twenty-four (24) hours from the date of attempted notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of potential winner’s right to claim the Prize, and may result in the Prize being awarded to an alternate winner, if time permits. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, the Prize may be forfeited. If the Prize is forfeited, the Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver the Prizes, the Prizes may not be re-awarded.
Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails or unanswered telephone calls, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. A Prize that is unclaimed, unredeemed, or returned as undeliverable will not be awarded. Prize is non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute the Prize of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and absolute discretion. Sweepstakes Entities shall not be held responsible for any delays in awarding the Prize for any reason. Any portion of the Prize not accepted by winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize won. Sponsor will issue a 1099-MISC for the winner ARV is as of the time these Official Rules were printed and the value of the Prize may fluctuate. The winner is not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Prize will only be awarded to a verified winner.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release 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 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) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS 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 NON-INFRINGEMENT.
9. PUBLICITY RIGHTS: By participating in this Sweepstakes, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
10. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor or Administrator 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 e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail 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. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
Sponsor: Lunds & Byerlys, 4100 West 50th Street, Suite 2100, Edina, MN 55424.