ARIZONA “GREAT BUY 99” GAME
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A purchase OR PAYMENT OF ANY KIND will not improve your odds of winning.
BY ENTERING THE GAME, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.
ELIGIBILITY: The AriZona “Great Buy 99” Game (the “Game”) is open to individual, legal residents of the United States and District of Columbia who are 13 years of age and older. Employees of AriZona Beverages USA, LLC (“Sponsor”), Mpire Creative, LLC, MIRRORBALL (“Administrator”) and each of their respective parents, successors and assigns, subsidiaries and affiliates; participating retailer(s), employees of advertising, promotion and public relations agencies involved in any way with this Game; and members of the immediate family (spouse, parents, siblings and children and their spouses) or persons living within the same household of any of such individuals are not eligible to participate or win a prize. Void outside the United States and where prohibited. Game subject to all federal, state and local laws. Participation in this Game and the acceptance of a prize (if applicable) constitutes entrant’s full and unconditional agreement to these Official Rules.
HOW TO PLAY: The Game begins at 9:01 AM ET on 5/1/18 and ends at 8:00 PM ET on 5/21/18 (the “Promotion Period”). Receive a scratch-off game card (“Scratch Card”) upon entry to the AriZona Great Buy 99 Pop Up Shop located at 43 Crosby St., New York, NY 10012, while supplies last. Limit one (1) Scratch Card per eligible person. Scratch off the sections of the Scratch Card where indicated, and if it contains a winning message such as “FREE HAT!”, “$50 GIFT CARD” or “FREE .99 ITEM” (the “Prize”) you have won the Prize as stated, subject to verification. If your Scratch Card reveals any other message including but not limited to “Try Again”, you have not won a Prize. Potential winners must report to the customer service station (or similarly-named area of the Great Buy 99 Pop Up Shop located at 43 Crosby St., New York, NY 10012) by 8:00 PM ET on 5/21/18 to redeem his/her Prize. Potential winners must present and surrender the Scratch Card to a representative at the customer service station located in the Great Buy 99 Pop Up Shop, who will verify its authenticity and each potential winner’s eligibility. Potential winners may be required to sign a liability/publicity release and/or provide proof of eligibility in any form deemed reasonable and necessary by Sponsor. If Prize winner is a minor in his/her jurisdiction, release must be signed by the minor’s parent/legal guardian prior to awarding of the Prize. Once verified, a verified winner will be given further instructions to claim and redeem the Prize. Scratch Card is valid only during the Promotion Period, and must be redeemed prior or the Scratch Card will be void and ineligible for a Prize.
PRIZES/QUANTITIES/ODDS: Ten (10): a $50 Great Buy 99 store gift card valid at participating Great Buy 99 Pop Up Shop only, ARV: $50, Odds 1:5,597; Thirty (30): an AriZona baseball-styled hat, ARV: $15 Odds 1:1,866; Four Thousand (4,000): a free $.99 item in stock the Great Buy 99 Pop Up Shop, ARV: $.99 Odds 1:15. Total ARV of all Prizes: $4,910.00. Stated odds are approximate. Any other expenses not specified herein are the sole responsibility of the Prize winner(s). Gift card use subject to terms and conditions set by the issuer. Additional restrictions may apply. Limit: one (1) Prize per person. Prize must be redeemed by close of business (8:00 PM ET) of the Great Buy 99 Pop Up Shop located at 43 Crosby St., New York, NY 10012 on 5/21/18 or Prize will be forfeited in it’s entirety. Prize valid on items in stock at the participating Great Buy 99 store only.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of Prize permitted by winner. Prize cannot be redeemed for cash, but Sponsor reserves the right to substitute a Prize (or portion thereof) of comparable or greater value, at its sole discretion if an advertised Prize (or portion thereof) becomes unavailable. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of Prize not specified herein are the sole responsibility of each winner. Unclaimed Prizes will not be awarded. If, due to a production, printing, technical, human or other error, the number of Prizes claimed exceeds the number of number of Prizes intended to be awarded (per Prizes section above), then the intended number of Prizes may be awarded in a random drawing from among all valid Prize claimants. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to Prize(s) including but not limited to its quality, fitness for purpose and/or mechanical condition. Images shown in any promotional materials are for illustration purposes only; Prize awarded to Winner may vary from that depicted in advertising materials.
GENERAL CONDITIONS: The Released Parties (as specified below) are not responsible for: (A) lost, stolen, incomplete, illegible, forged, tampered with or damaged Scratch Cards; (B) any typographical or other error on any Scratch Card, in any printing or advertising related to the Game, or in the administration or execution of the Game. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Game, in its entirety or in part, should tampering, unauthorized intervention, counterfeiting, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Game. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the playing process or the operation of the Game, to be acting in violation of the Rules or any laws, or to be attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, misappropriation, infringement, or any other unfair playing practices, poor sportsmanship, or intending to annoy, abuse, threaten, or harass any other participants or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITMIATE OPERATION OF THE GAME MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GAME. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Released Parties also not responsible for any interruptions in phone service, unavailable network, server, Internet Service Provider (ISP), website or other connections that may limit a person’s ability to participate.
DISPUTES: To the fullest extent permitted by law, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Game or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York State or the appropriate New York State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Game, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. This Game will be governed by the laws of the State of New York and by entering you consent to exclusive jurisdiction and venue of the courts of The State of New York and located in Nassau County for the resolution of any disputes or claims.
FORCE MAJEURE: Without limiting any other provision in these Official Rules, the Released Parties are not responsible for or liable to any entrant or winner, or any person claiming through such entrant or winner, for failure to supply the Prize or any part thereof due to any Game activity being affected, as determined by Sponsor in its sole discretion by reason of (without limitation), (a) any acts of God; (b) any law, rule, action, regulation, order or request by any local, state or federal governmental or quasi-governmental entity or authority; (c) equipment failure; (d) terrorist acts, threatened terrorist acts, air raid, act of public enemy, or war; (e) fire, flood, earthquake, blackout, epidemic or explosion; (f) unusually severe weather, snowfall, flood, tornado or hurricane; (g) embargo, labor dispute, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, or work slow-down; (h) civil disturbance, insurrection, riot or public assembly; or (i) any other cause uncontrollable by the Released Parties, whether or not specifically mentioned above.
RELEASE: By playing this Game, each entrant forever and irrevocably releases and holds Sponsor, Mpire Creative LLC, MIRRORBALL and each of their respective parents, divisions, subsidiaries and other affiliated companies, Sponsor’s advertising and promotion agencies, other Game partners and Prize suppliers, participating retailers and all of their respective employees, officers, directors, shareholders and agents (collectively, the “Released Parties”) harmless from and against any injury, loss, damage, liability, claim or expense of any kind or nature (including, without limitation, BODILY INJURY, ILLNESS AND DEATH) arising in whole or in part, directly or indirectly, out of or in connection with participation in this Game, the acceptance, possession, use or misuse of any Prize, or participation in prize-related activities or events, including but not limited to, claims for injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to Game entry, Prize acceptance, preparing for and traveling to any Game-related activity.
PUBLICITY: Except where prohibited by law, participation in this Game constitutes each entrant’s and winner’s consent to Sponsor’s, and their respective parents, subsidiaries and affiliates use of such person’s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.
LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) Scratch Card received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Game; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Game or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Game, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to a Sponsor website by a hypertext link.
WINNERS LIST: Winners (of $50 gift cards only) will be posted at www.greatbuy99.com. Winners will be announced upon verification.
AGREEMENT TO OFFICIAL RULES: Participation in this Game constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Game. These Official Rules form a binding legal agreement between the Participant and Sponsor with respect to the Game. Winning a Prize is a contingent upon fulfilling all requirements set forth herein.
SPONSOR: Arizona Beverages USA LLC, 60 Crossways Park Dr. West, Woodbury, NY 11797.
© 2018 Arizona Beverages. All Rights Reserved.