Thank you for your interest in the Utz Collapsible Camping Chairs and Pop-Up Tent Giveaway. Please read our Official Rules, below, before submitting your online entry form:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PRIZE FOR THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ODDS OF WINNING DEPEND ON THE NUMBER OR ELIGBLE ENTRIES SUBMITTED DURING THE ENTRY PERIOD.
PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. THESE OFFICIAL RULES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED FURTHER BELOW.
Eligibility/Entry: For valid entry, you must submit an online form, found here https://woobox.com/ohewtp, with a valid phone number and email which will be used to contact the Giveaway Winner during the Entry Period. You must be at least eighteen (18) years old at the time of entry and a United States citizen or legal resident to enter. Employees of Sponsor, its agents or any entities retained by Sponsor to assist in the administration or promotion of this Giveaway, and each of their respective affiliates and subsidiaries (collectively, “Promotion Parties”), and members of such employees’ immediate family or persons living in the same household as such employees are not eligible to enter or win the Giveaway. The foregoing eligibility requirements are void where prohibited by law.
Only one (1) entry is allowed per person. Your use of any robotic, automatic, programmed or similar entry method, or entering more than once, including the use of multiple email addresses, identities or devices, shall void all of your entries and result in disqualification from this Giveaway. By entering this Giveaway, you accept and agree to these Official Rules, Sponsor’s Privacy Notice (https://www.tonysfreshmarket.com/privacy-policy) and the decisions of Sponsor, which shall be final in all matters.
Giveaway Period: This Giveaway begins at 12:00 am CST on Thursday, March 23, 2023, and ends at 11:59 pm CST on Tuesday, April 11, 2023. The winner of the Collapsible Camping Chairs and Pop-Up Tent must follow up via email to confirm acceptance of the Prize. The Prize must be picked up at Tony's Fresh Market in Schaumburg (200 S. Roselle Rd, Schaumburg, IL 60193).
Prize: One (1) winner will be randomly selected on Wednesday, April 12, 2023, to receive the (2) Collapsible Camping Chairs and (1) Pop-Up Tent (ARV of $200). No substitution or transfer of Prizes are permitted by the winner. Sponsor reserves the right to substitute a Prize of equal or greater value at any time while the Giveaway is in effect. The Prize will be awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Prize will be awarded no less than thirty days from contacting the winner.
Prizes not claimed or forfeited may not be awarded. If the winner fails or refuses to properly sign and return all prize claim documents reasonably requested by Sponsor (“Prize Claim Documents”), the Prize will be deemed forfeited. Prize Claim Documents may include an IRS Form 1099-MISC, release agreement, a waiver agreement, submission of a US government-issued identification card and any other documents Sponsor may be required to collect or deem necessary to obtain prior to issuing any Prize. If the Prize Claim Documents or Prize is returned as unclaimed, the winner will be disqualified and/or otherwise forfeit the Prize. If the winner makes any false statement in any Prize Claim Document, the Prize will be forfeited. The submission of Prize Claim Documents is solely the winner’s responsibility. If the winner declines a Prize, is found to be ineligible or fails to comply with these Official Rules, the winner will be disqualified and will forfeit the Prize and all rights to the Prize the winner otherwise might have received. However, Sponsor reserves the right to give away a Prize to another eligible entry by random drawing. All details and other restrictions of Prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the winner upon award of the Prize. Prizes will be delivered only upon completion of the Prize Claim Documents by winner.
All income taxes and/or other applicable taxes and/or fees resulting from the acceptance of a Prize are the sole responsibility of the winner. The winner of the Prize may be issued an IRS Form 1099-MISC for the ARV of the Prize. Acceptance of a Prize offered constitutes express permission to use winner’s name, biographical information and/or likeness for purposes of advertising and promotion without further compensation as permitted by law and constitutes permission to disclose the winner’s name where required.
Selecting a Winner: The winner will be picked by random drawing from the eligible entries on Wednesday, April 12, 2023. The winner will be notified by email, according to the information provided on the online entry form as part of the winner’s official entry. Following such notification Sponsor will send the Prize Claim Documents via email. The winner must sign and return the required Prize Claim Document within three (3) days of receipt of such document, or such other date set by Sponsor, in order to receive the Prize. If Sponsor does not receive the winner’s email response by 11:00 am CST on Wednesday, April 19, 2023, Sponsor will automatically deem the that the winner forfeited the Prize. Odds of winning a prize depend on the number of entries received eligible for that prize.
In the event a dispute arises as to the identity of a winner, the identity of the winner will be conclusively determined by the information provided on the online entry form. If the winner is deemed ineligible to receive a Prize for any reason, including as described herein these Official Rules, Sponsor will award the Prize to another winner by random drawing from among all remaining eligible entries. In such circumstances, drawings will be held until an eligible winner is selected. Release and Limitation of Liability: By entering this Giveaway, you waive all right to, and release and hold Sponsor, the Promotion Parties, Facebook, Inc. and Instagram, Inc., [LD1] and each of their respective employees, officers, directors, agents, representatives, owners and managers (“Released Parties”) harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Giveaway, submission of entry forms or the selection of winner(s) or the acceptance, use, or misuse of any prize, including the Prize further described above. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sponsor, Promotion Parties, Facebook, Inc. and Instagram, Inc. will not be responsible for: late, incomplete, or incorrect entries; your failure to receive communications regarding the Giveaway due to your spam, junk e-mail, or other security settings or for your provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Giveaway; by any human error which may occur in the processing of the entries in this Giveaway; or any typographical, technological, or other error in the submission of entries, the publishing of the offer, administration of the Giveaway, or announcement of the prize, including the Prize further described above.
Cancellation and Modification: Sponsor reserves the right to cancel or modify this Giveaway, including these Official Rules and Privacy Notice, in a manner it deems appropriate for any reason, including, but not limited to, if, in Sponsor’s sole and absolution discretion, Sponsor believes there is an error, or there is an error, any suspected evidence of tampering with any portion of the Giveaway, if technical difficulties (including viruses and bugs) compromise the integrity of the Giveaway from running as planned, any such modification will be posted here.
CHOICE OF LAW AND FORUM: YOU AGREE THAT ALL MATTERS ARISING OUT OF OR RELATING TO THIS GIVEAWAY AND THESE OFFICIAL RULES, AND THE PRIVACY NOTICE, ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES, WITHOUT REFERENCE TO THE CHOICE OF LAW PRINCIPLES THEREOF. YOU FURTHER AGREE THAT ANY LEGAL SUIT, ACTION, PROCEEDING, DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS GIVEAWAY AND THESE OFFICIAL RULES, AND THE PRIVACY NOTICE, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF ILLINOIS.
Winner List: For the name of the winner, available Wednesday, April 12, 2023 send a self-addressed, stamped envelope to: 1200 Bryn Mawr Ave, Itasca, IL 60143.
MANDATORY ARBITRATION: As a condition of participating in this Giveaway, except where prohibited by law, you agree that any dispute, claim, or controversy arising out of or relating to the Giveaway, the award of a prize, including the Prize further described above, or the breach, termination, enforcement, interpretation, or validity of the Official Rules, shall be submitted to and determined by JAMS exclusively on an individual, non-class basis pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. For the avoidance of doubt, you agree that any and all disputes, claims, and causes of action arising out of or related to this Giveaway or any prize awarded from this Giveaway shall be resolved individually and not in the form of any class action or other form of representative action. You agree that, as a condition of participating in this Giveaway, you and all entrants waive any right to bring any action arising from or related to the Giveaway or the award of a prize as a class or other representative action.
The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced commercial and contract law arbitrator. The Sponsor shall bear the cost of the arbitration, including the compensation of the Arbitrator and all administrative expenses. The parties may be represented by their own attorneys in the arbitration proceeding and, except as may otherwise be required by law, shall be responsible for their own attorneys’ fees and costs incurred in presenting their case to the Arbitrator. The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted, provided, however, that the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits, or any other relief waived under this Agreement. In addition, each of the parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive. The Arbitrator shall render a written award within thirty (30) days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having jurisdiction. This provision, however, shall not preclude the parties hereto from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including preliminary injunctive relief.
YOU AGREE AND ACKNOWLEDGE THAT THE GIVEAWAY EVIDENCES A TRANSACTION INVOLVING INTERSTATE COMMERCE AND THAT THIS AGREEMENT IS ENTERED INTO UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ACCORDINGLY, THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAW AND PROCEDURES DEVELOPED UNDER THE FAA. THE PARTIES SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING AND THE AWARD. YOU AGREE THAT BY PARTICIPATING IN THE SWEEPSTAKES, YOU ALSO ENTER INTO THIS AGREEMENT TO ARBITRATE FREELY AND VOLUNTARILY AND WITHOUT ANY FORM OF COERCION, DURESS OR UNDUE INFLUENCE.
VOID WHERE PROHIBITED: The Giveaway is void where prohibited. All federal, state and local laws apply to the Giveaway. Decisions regarding all matters relating to the Giveaway that are not addressed in these Official Rules shall be made by Sponsor in its sole and absolute discretion, and each entrant agrees that all such decisions shall be binding and final. Failure to comply with these Official Rules may result in disqualification from the Giveaway at Sponsors’ sole and absolute discretion. Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Questions regarding the Giveaway should be directed to: 1200 Bryn Mawr Ave, Itasca, IL 60143.
Sponsor: This Giveaway is sponsored by Tony’s Finer Foods Enterprises, LLC, with its principal place of business located at 1200 Bryn Mawr Ave, Itasca, IL 60143 (“Sponsor”).
No purchase is necessary to enter. Questions? Contact us at customerhappiness@tonysfreshmarket.com.