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Official Rules for What’s Your Smart & Final UGC Sweepstakes

Updated 11/5/2020

Rules Text

SMART & FINAL
What’s Your Smart & Final User-Generated Content (“UGC”)
Holiday Helper Sweepstakes (the “Sweepstakes”):
Official Rules (“Official Rules”)

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1) Sweepstakes Period: Sweepstakes begins on November 6, 2020 at 2:00 p.m. Pacific Time (“PT”) and ends on January 1, 2021 at 11:59 p.m. PT (the “Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for this Sweepstakes. 

2) How to Enter:

a) Online Entry: to enter online, you can publicly post a Photo (defined below) utilizing the hashtag #MySmartandFinal and tagging the handle @smartfinal on Instagram and/or Twitter, reply as a comment on the Facebook post promoting the What’s Your Smart & Final UGC Sweepstakes, or via our What’s Your Smart & Final Sweepstakes form located at mysmartandfinal.com on the landing page. All entries must be received by Sponsor by 11:59 p.m. PT on January 1, 2021 to be eligible for the prize drawing. Normal Internet access and usage charges imposed by your online service may apply. No purchase necessary.

b) Mail-In-Entry: if you do not wish to enter online as described above, you may also enter during the Sweepstakes Period by hand-writing, on a plain 3” x 5” piece of paper, your name, address, age, email address and daytime/evening phone numbers.  Mail your entry in an envelope with sufficient postage affixed to: Attn:  Nick Williams, Smart & Final Stores LLC, 600 Citadel Drive, Commerce, CA 90040.  Mail-in Entries must be postmarked within the Sweepstake Period and received by January 1, 2021.  Only potential winner will be notified by email, telephone, regular mail or overnight mail. There is a limit of one (1) write-in entry per envelope. Each envelope is considered one (1) entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined in these Official Rules; otherwise, they are void and will not be eligible to win.

            Limit: Limit one (1) entry per post/comment/submission as described in 2) a) above.  Each post/comment/submission will be considered one (1) entry into the Sweepstakes, per social media handle during the Sweepstakes Period, but multiple entrants are not permitted to share the same social handle. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different social handles or any other methods will void that entrant's Sweepstake entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

3) Prize and Winner Selection: One (1) sweepstakes winner will be selected in a random drawing from the eligible entries following the Sweepstakes Period.  The winner will receive twelve (12) $250 Smart & Final gift cards. The Approximate Retail Value per gift card (“ARV”): $250.00 gift card. Total ARV:  $3,000.00.  Winning a prize is contingent upon fulfilling all requirements set forth herein. No cash value equivalent will be awarded. Winner may be contacted directly via Facebook, Instagram, Twitter or through the provided contact details such as phone or email.

a. Odds of winning are dependent upon the number of eligible entries received. Prize is nontransferable and no substitutions are allowed, except by the Sponsor who reserves the right to award a prize equal to the retail value of the prize in lieu of the prize. Sponsor and its affiliates are not responsible or liable for damages, losses or injury resulting from acceptance or use of the prize. 

b. Winner is required to respond to the notification via direct message within the platform the entry was submitted within 72 hours. If, despite reasonable efforts, the potential winner does not respond within 72 hours of the first notification attempt or are unreachable within 72 hours, or if winner is unavailable for prize fulfillment, such potential winner will forfeit his or her prize and an alternate winner will be selected at random from all remaining eligible entries received. One (1) sweepstakes winner will be selected by Sponsor, in its sole discretion, will attempt to contact up to two (2) potential winners of the prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be 1) ineligible, 2) a confirmation mail or e-mail is returned as undeliverable, 3) if he or she has not complied with these Official Rules or 4) declines the prize for any reason prior to award, the prize will be forfeited, and an alternate prize winner may be selected.

c. Sponsor’s decisions as to the administration and operation of the Sweepstake and the selection of a potential winner are final and binding in all matters related to the Sweepstake. Sponsor will randomly select the potential Sweepstakes winner, from all eligible entries on or around the last day of every Sweepstakes Period. Entries will not be carried over from one Sweepstakes Period to the next Sweepstakes Period.  
 
4. Eligibility: Sweepstakes open via social media to legal residents of California, Arizona and Nevada, who are at least eighteen (18) years of age at the time of entry with some restrictions. Employees of the Sponsor, Foresee, their respective parent companies, affiliates, subsidiaries, advertising, promotional agencies, website providers/webmasters and immediate family members (and those living in the same households) of each employee are not eligible. This offer is void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws, and is not offered in states where registration of this Sweepstakes is required. 
 
This offer is subject to all federal, state, local, municipal, provincial and local laws. By entering this Sweepstakes, each entrant accepts and agrees to be bound by these Official Rules and acknowledges that they have read the eligibility requirements and that he/she meets those requirements. 
 
5) Prize Terms and Conditions: Prize is subject to availability and restrictions. All taxes, gratuities and incidental expenses are the sole responsibility of winner. The prize cannot be used in conjunction with any other promotion or offer. Prize cannot be redeemed for cash, transferred, assigned or substituted except as otherwise set forth in these rules.  
 
6) General Rules & Conditions: 

a. Return of email prize notification as undeliverable or failure of contestant to respond to notification may result in disqualification and alternate selection drawn. 

b. Entrants/winner grants permission to Sponsor and those acting under its authority, to use his/her name, likeness, voice and/or hometown, for advertising and promotional purposes without additional compensation, unless prohibited by law. Entrants/winner waives the right to review, inspect or approve the finished product wherein Entrants/Winner’s name, likeness, voice and/or hometown appear.

 
c. Photo (“Photo”) must be an original photo owned by the person entering the Sweepstakes and not an image from current Smart & Final marketing materials or any other 3rd party source. When submitting your Photo, you must agree to the Official Rules. Each time you fully comply with the above requirements, you will receive on (1) entry. Creating a Facebook, Instagram or Twitter account is free, but subject to the social media platform’s terms and conditions (see https://www.facebook.com/terms.php , https://twitter.com/tos  and http://instagram.com/about/legal/terms/# ). By entering, entrants grant a perpetual, royalty-free and worldwide license to Sponsor of all intellectual property rights in the Photo and other entry materials. Pursuant to the license granted herein, entrants agree that Sponsor shall have the right to use, edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use the Photo and other entry materials in any way they see fit. Entrants agree that the rights granted to Sponsor in these Official Rules are without compensation or attribution of any kind. 

d. By entering, entrants hereby represent and warrant that they have obtained permission and consent from all other individuals that appear in the Photo to use, separately or together, their name, statements, photograph, likeness and/or biographical information, in whole or in part, on the Internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including advertising and promotional purposes, without restriction as to alteration. Furthermore, by entering, entrants represent and warrant that they are the parent or legal guardian of any and all minors appearing in or referenced in the Photos (each a “Minor Participant”) and entrants grant Sponsor the irrevocable right and permission to use, separately or together, the Minor Participant’s name, statements, photograph, likeness and/or biographical information, in whole or in part, on the internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including advertising and promotional purposes, without restriction as to alteration.  

e. Content Restrictions: The Photo must not include any private information of a third party such as name, address, phone number, or email address; If a Photo includes the image of a child under the age of 18, the entrant must be the child’s parent/legal guardian; The Photo must not include brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to create and upload the Photo for this Sweepstakes; The Photo must comply with all applicable laws and policies of Sponsor, Twitter, Instagram and Facebook, as applicable. The Photo must conform to the standards and practices of Sponsor, Twitter, Instagram and Facebook, as applicable, and may not be offensive, as determined by Sponsor in its sole discretion, and may not defame or invade the publicity, privacy or intellectual property rights of any person (living or deceased) or entity, or otherwise infringe upon any person or entity’s rights. The Photo may not disparage Sponsor, its parent, subsidiaries or affiliates or any of their respective parks, products or services. The Photo must be in good taste and appropriate for a family audience (as determined by Sponsor in its sole discretion) and may not contain nudity, obscenity, profanity, indecent material, lewd acts, references to violence, or demean any gender, race, religion or sexual orientation. The Photo must be the sole, original work of the entrant. 

f. Entrants agree that personal data submitted with an entry, including name, email address and zip code, may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Sweepstakes. By entering, entrants further grant Sponsor the irrevocable right and permission to use, separately or together, their name, email address and zip code, Photo, statements, photograph, likeness and/or biographical information, in whole or in part, on the internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including advertising and promotional purposes, without restriction as to alteration.  

 

g. Entrants agree to release and hold harmless Facebook, Twitter, Instagram, Sponsor, its Affiliates, parent companies, subsidiaries, advertising and promotion agencies, suppliers of prizes, and all of their respective officers, directors, employees, representatives and agents from any and all liability or injuries, losses or damages of any kind to persons, including death, or property, resulting in whole or in part, directly or indirectly, from this Sweepstakes, any prize won or in any Sweepstakes-related activity. 

 

h. Sponsor and its agencies are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, 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 utilized in this Sweepstakes which may limit the ability to participate or by any human error which may occur in the processing of the entries in this Sweepstakes. 

i. In its sole determination, Sponsor may disqualify any person who tampers with or abuses any aspect of the Sweepstakes or Web site, or who acts in violation of the Official Rules, or acts in any manner to threaten or abuse or harass any person. 

j. Should any portion of the Sweepstakes, in Sponsor’s sole opinion, be compromised by virus, software defects, non-authorized human intervention or other causes thus corrupting or impairing administration, security, fairness or proper play of this Sweepstakes, or submission of entries, Sponsor may suspend, modify, or terminate the Sweepstakes and randomly select a winner from valid Internet entries received prior to such action. 
 
7) Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.smartandfinal.com/Privacy-Policy ). 
 
8) Disputes: In the event of any dispute, all parties agree that the judgment and determination of Sponsor will be final and binding in the awarding of the Prize(s). In event of a dispute regarding entries received from multiple users having the same account, the winner will be the authorized account holder of the social media account used to enter the Sweepstakes. The “authorized account holder” is the natural person assigned a social media account by Facebook, Instagram or Twitter. The winner may be requested to provide the Sponsor with proof that the winner is the authorized account holder of the account associated with the winning entry and must provide proof that the winner was at least age 18 as of the time of entry. All entries become the property of the Sponsor. 
 
9) Sponsor (“Sponsor”): Smart & Final Stores LLC. 600 Citadel Dr., Commerce, CA 90040. 
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. The information provided will only be used for the Sweepstakes.