Contest Official Rules

 

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE UNITED STATES / DISTRICT OF COLUMBIA, EXCEPT WHERE VOID AS SET FORTH HEREIN, WHO ARE AT LEAST 18 YEARS OLD. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN NEW YORK, FLORIDA, RHODE ISLAND AND WHERE PROHIBITED. PARTICIPATION IN THE CONTEST IS SUBJECT TO THE CONTEST DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES.

1. ELIGIBILITY: “DESTINATION: TAILGATE® Sweepstakes” (“Sweepstakes”) is open only to individuals who are legal residents of, and residing within, the following U.S. states: Alabama, Arkansas, Colorado, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. Entrants must be at least eighteen (18) years old and a U.S licensed driver at the time of entry (“Entrant(s)”). Employees of Associated Wholesale Grocers (“Sponsor”), their affiliates and subsidiaries, participating vendors, advertising and promotion agencies, and those entities involved in the preparation of materials for, administration and/or execution of this Sweepstakes (collectively “Sweepstakes Entities”) and their immediate family members (spouse, parent, child or sibling) and/or those living in the same household (whether or not related) are ineligible. Contest is void in all other U.S. states not listed above, outside the United States and where prohibited by law.

2. SWEEPSTAKES PERIOD: The Sweepstakes starts 12:01 A.M. (midnight) Central Time (“CT”) on October 4, 2023 and ends at 11:59 P.M. CT on October 31, 2023 (“Sweepstakes Period”).

The Grand Prize drawings will take place on or about November 2, 2023. Second Place Prizes drawings will take place on the following dates: October 11, 2023; October 18, 2023; October 25, 2023; and November 1, 2023. The Grand Prizes and Second Place Prizes are collectively referred to as “Prize(s).”

All Entries (defined below) will be entered into the Grand Prize drawings. Non-winning Second Place entries will carry over into subsequent drawings.

3. HOW TO ENTER: To enter during the Sweepstakes Period using your smart-phone device, tablet or computer, access the URL www.destinationtailgate.com in your web browser and follow the directions to enter (an “Entry” or “Entries”). To enter by mail, print your entry information on a 3 x 5 card and mail to: Destination: Tailgate 2023, PO Box 434, Sedalia, CO 80135.

Each eligible individual who submits an Entry in the Sweepstakes must provide the following information: first name, last name, daytime telephone number, complete mailing address, email address, and preferred participating grocery store for purposes of administering the Sweepstakes. The preferred participating grocery stores are divided into eight Associated Wholesale Grocers divisions.

Limit one (1) Entry per person, per household per calendar day during the entire Sweepstakes Period. Each calendar day begins at 12:00 AM CT and ends at 11:59 P.M. CT during the Sweepstakes Period.

Sponsor cannot guarantee this Sweepstakes will be available via all wireless carriers. Standard data plan rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Sweepstakes via mobile URL. Entrants will receive future marketing and promotional communications from Sponsor via e-mail. Entrants may elect to “opt-out” of such promotional communications at the time of registration, or anytime thereafter. Choosing to “opt-out” will not affect Entrants’ chances of winning.

Entries not legitimately submitted in accordance with these Official Rules are void.

Winners are subject to determination of eligibility and verification before the Prize (as defined below) will be awarded. By entering, all Entrants and winners agree to be bound by these Official Rules and the decisions of the Sponsor and its authorized representatives are final and binding in all matters concerning this Sweepstakes. More than the stated number of allowable Entries throughout the Sweepstakes is not permitted. If more than one Entry is received from one person per household in any given calendar day, only the first entry submitted will be considered valid. Notwithstanding the foregoing, any attempt by any Entrant to obtain more than the stated number of Entries by, without limitation, using multiple/different email addresses, physical addresses, identities, registrations, and logins, cheating or fraud, through a sweepstakes club or similar entity, automated program, bot, script, robotic, macro or any other unauthorized devices or methods will void all Entrant’s Entries and Entrant will be disqualified from the Sweepstakes. All Entries become the property of Sponsor and will not be acknowledged or returned.

Proof of Entry submission is not proof of its receipt by Sponsor. Only eligible Entries received by Sponsor during the Sweepstakes Period will be eligible for a drawing. In the event of a dispute as to the identity of a participant, the Entry will be deemed completed by the authorized account holder of the email address used to enter. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address; or the “authorized account holder” assigned to a mobile cellular number if entry is via mobile URL. All Entries will be deemed to have been made by the authorized account holder. Sweepstakes Entities are not responsible for late, lost, misdirected, incomplete, delayed, stolen, invalid, unintelligible, technically corrupted, or garbled Entries, which will be disqualified, or for any failure to capture Entries, or problems of any kind whether mechanical, human or electronic.

All Entrants and Entries are subject to verification prior to being declared a winner and receiving a prize, as are the eligibility, age and other information provided by a potential winner.

4. PRIZE DRAWINGS: On or about November 2, 2023, Sponsor (or its authorized representative) will randomly select one (1) potential Grand Prize winner from all of the eligible Entries into the Sweepstakes within each Associated Wholesale Grocers division. A total of eight (8) potential Grand Prize winners will be selected, one from each of the identified Associated Wholesale Grocers division. The potential Grand Prize winners will be contacted on or about November 6, 2023 via telephone or email address (in Sponsor’s discretion) in order to notify him/her that he/she has been selected as a potential winner and to verify eligibility. The potential Grand Prize winners will have five (5) business days to respond to this notification and return the Affidavit of Eligibility and Liability/Publicity Release provided by Sponsor. Potential Second Place Prize winners will be randomly selected from all of the eligible entries received up to that point in time by preferred grocery location into the Sweepstakes. Potential Second Place Prize winners will be selected from each preferred grocery location. The potential Second Place Prize winners will be contacted shortly after selection via telephone or email address (in Sponsor’s discretion) in order to notify him/her that he/she has been selected as a potential winner and to verify eligibility. The potential Second Place Prize winners will have five (5) business days to respond to this notification.

5. PRIZES, APPROXIMATE RETAIL VALUES, AND ODDS OF WINNING:

A. Grand Prize (8): The “Grand Prize” consists of the following: (i) one (1) Trip as defined below, for the confirmed winner and three guests to any major city destination in the continental US; and (ii) one (1) gift card to the Grand Prize winner in the amount of Five Hundred Dollars ($500) to pay for expenses. The Grand Prize winner must accept all of the elements of the Grand Prize or forfeit the Grand Prize.

Trip: The Trip is defined as a trip which consists of round trip, coach air transportation for the Grand Prize winner plus three guests from a major commercial airport near his/her home (chosen at Sponsor’s sole discretion) to a major commercial airport anywhere in the continental US departing between December 15, 2023 through September 1, 2024, and returning within three days of departure and three (3) days/two (2) nights lodging (standard accommodations). If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, and no compensation will be provided for any difference in prize value. Travel dates are subject to availability; blackout dates and other restrictions may apply. The Grand Prize winner and guests are responsible for having valid travel documents including government identification. The Grand Prize winner is responsible for all travel expenses not included herein, including but not limited to airline baggage fees, gratuities, meals, airport fees, parking fees, personal charges at the hotel, and any other incidental costs or expenses related to participation in this Prize. Grand Prize activities are subject to raincheck, modification and/or cancellation policies and procedures of event organizers. Sponsor reserves the right to add, substitute, change or edit Grand Prize related elements and/or activities in its sole discretion. Lost, stolen, damaged or destroyed tickets will not be replaced. The Grand Prize winner is responsible for all travel related documents and to obtain and maintain applicable insurance at their own cost and expense. The ARV for each Trip alone is Two Thousand Seven Hundred Fifty Dollars ($2,750).

The Grand Prize winner must sign and return a travel liability release before travel will be booked. Sponsor is not responsible if any events are delayed, postponed, or canceled for any reason.

There will be only eight (8) Grand Prizes awarded in connection with this Sweepstakes. The Grand Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of Grand Prize winner. The Grand Prize winner must provide Sponsor with a valid taxpayer identification number or social security number before the Grand Prize will be awarded. A Form 1099 will be issued to the Grand Prize winner.

The ARV of each Grand Prize is Three Thousand Two Hundred Fifty Dollars ($3,250).

B. Second Place Prizes (approx. 3,124): The “Second Place Prize” is a $50 grocery certificate to the participating store location designated by the Entrant in the official winning entry. The ARV of each Second Place Prize is Fifty Dollars ($50.00). Allow four to six weeks after the selection of a winner for delivery of a Second Place Prize. For security reasons, Certificate should be treated like cash. Use of the Certificate constitutes acceptance of the following terms: The Certificate can be used, up to balance, only for purchases of goods and services at the designated store location only. The Certificate cannot be redeemed for cash and no change will be given, except where required by law. Except in certain circumstances, the value of the Certificate will not be replaced if the Certificate is lost, stolen, or destroyed.

Limit: Only one (1) Grand Prize and only one (1) Second Place Prize per Entrant and household address.

C. The ARV of all Prizes in this Sweepstakes is approximately One Hundred and Eighty-two Thousand, Two Hundred Dollars ($182,200).

D. Odds of Winning. The odds of winning the Grand Prize depend upon the number of eligible Entries received within each division during the entire Sweepstakes Period. The odds of winning a Second Place Prize depend upon the number of eligible Entries for the designated store location. Non-winning Grand Prize Entries will carry forward into subsequent Second Place Prize Drawings.

E. General Provisions. All federal, state, municipal and local taxes are solely the responsibility of each winner. Any depiction of the Prize or any element thereof in promotional and advertising materials in connection with the Sweepstakes is for illustrative purposes only and may not be the actual Prize awarded. If a potential winner is found to be ineligible or not in compliance with these Official Rules, or declines to accept a Prize, the Prize will be forfeited, and the Sponsor may award the applicable Prize to an alternate winner by random drawing from among all remaining eligible Entries. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Lost or stolen Prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prize may not be transferred or assigned. Only listed Prizes will be awarded and no other prize or substitutions will be made except at the sole discretion of Sponsor. Any valuation of the Prize stated above is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law.

6. CONDITIONS OF ENTRY: Entries not legitimately submitted in accordance with these Official Rules are void. Each potential winner will be subject to verification by Sponsor or its authorized representatives, whose decisions are final and binding. In order to be declared a winner, each potential winner must meet all eligibility requirements and the terms and conditions of these Official Rules. A potential winner is not the Prize winner unless and until the potential winner’s eligibility has been verified and potential winner has been notified that verification is complete and any necessary documentation has been properly submitted to Sponsor or its authorized representatives.

The potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release (except where prohibited by law), within a time period specified by Sponsor before being declared a winner and receiving the Grand Prize. Failure to comply with this requirement may result in forfeiture of the Grand Prize. Sponsor reserves the right to and may conduct a voluntary background check on the potential Grand Prize winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding the Grand Prize to any such individual will not bring the Sweepstakes Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes, the Sweepstakes Entities or their respective brands, goods or services, as determined by Sponsor in its sole discretion. In the event the potential Grand Prize winner refuses the voluntary background check, such refusal will cause the forfeiture of the Grand Prize.

Acceptance of a Prize constitutes permission for Sponsor and its agencies to use the winner’s persona, name, biographical information, opinions, voice, photograph and/or likeness for advertising and promotional purposes in any and all media now known or hereinafter developed throughout the world in perpetuity, without additional compensation, review, notification or permission, unless prohibited by law.

Sponsor is not responsible for any typographical, human or other error in the printing of Sweepstakes communications and/or collateral advertising materials, administration of the Sweepstakes, processing of Entries or in the announcement of the winner or in any other materials or information associated with the Sweepstakes. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award the Prize by random drawing from all eligible claimants for the Prize. A maximum of eight (8) Grand Prizes and approximately three thousand, one hundred and twenty-four (3,124) Second Place Prizes as set forth in these Official Rules will be awarded.

If for any reason the Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, or any other causes, technological or otherwise, which corrupt, disrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend any and all aspects of the Sweepstakes and/or Official Rules at any time and without notice, and Sponsor reserves the right, but not the obligation, to select the winner from eligible entries received prior to the date of such action, or as otherwise deemed equitable by Sponsor. Sponsor further reserves the right to disqualify any individual it suspects, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes, to be cheating, or acting in a non-sportsmanlike or disruptive manner. If Sponsor suspects that any Entrant has or appears to have submitted mass Entries, or Entries generated by an automated program, bot, script, robotic, macro or use of any other devices that is prohibited, such Entrant will be disqualified. Caution: Any attempt by any individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent of the law.

7. INDEMNIFICATION/RELEASE OF LIABILITY: EACH WINNER AGREES, BY ACCEPTING THE PRIZE, AND EACH PARTICIPANT OR ENTRANT AGREES, BY ENTERING OR PARTICIPATING IN THIS SWEEPSTAKES, TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, RETAILERS, WEB DEVELOPMENT COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, PRIZE SUPPLIERS AND ANY OTHER INDIVIDUALS OR LEGAL ENTITIES PARTICIPATING IN THE DESIGN, ADMINISTRATION OR FULFILLMENT OF THIS SWEEPSTAKES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY THREATENED OR ACTUAL INJURIES, LOSS, COST OR DAMAGE OF ANY KIND TO PERSON, INCLUDING DEATH OR DISABILITY, AND PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE, PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY OR INABILITY TO PARTICIPATE IN PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, VIOLATION OF THE RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY, AND WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. ENTRANTS COVENANT NOT TO SUE ANY RELEASED PARTY OR CAUSE THEM TO BE SUED REGARDING ANY MATTER RELEASED ABOVE; AND FURTHER COVENANT NOT TO DISAFFIRM, LIMIT OR RESCIND THIS RELEASE. A WAIVER BY ONE OR MORE OF THE RELEASED PARTIES OF ANY TERM IN THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION.

8. LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, INCLUDING ANY DAMAGES ARISING OUT OF ANY ENTRANT’S ACCESS TO AND USE OF THE WEBSITE WWW.DESTINATIONTAILGATE.COM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.

9. INTERNET/WIRELESS SERVICES: Sponsor is not responsible for electronic transmission errors resulting in 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 or limitations of any kind, or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.

10. GOVERNING LAW; DISPUTES: By entering the Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize, or any portion thereof, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in Kansas City, KS; and (ii) in addition to the limitations in Section 8 of these Official Rules, 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. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the Entrant and Sponsor, shall be construed and governed by the laws of the State of Kansas, without regard to conflicts of law rules.

11. PRIVACY: By entering the Sweepstakes, each Entrant will be sharing his/her personal information with Sponsor, only for the purposes of entering this Sweepstakes and to receive future marketing and promotional communications from Sponsor, unless the Entrant elects to “opt-out” of receiving such communications.

12. WINNER LIST: For the names of the winners, send a separate self-addressed, sufficiently stamped envelope to: “Destination: Tailgate Sweepstakes 2023 Winners List P.O. Box 434, Sedalia, CO, 80135.” Requests must be received by November 30, 2023. Limit one request per person, per household.

13. SPONSOR INFORMATION: Associated Wholesale Grocers, 5000 Kansas Avenue, Kansas City, KS 66106.