Social Media Giveaway Rules
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: Park West Social Media Giveaways (the “Promotion”) begins at the time the post was made on social media and continues until the time designated within the caption of said post (the "Promotion Period"). Participation in the Promotion does not constitute participation in any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Park West WFB LLC, a Delaware limited liability company (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Promotion is open only legal residents of the state of Arizona, United States who are 18 years of age or older. Employees, officers and directors of Sponsor, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to participate in the Promotion or win a prize. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Promotion or win a prize (“Entrant”). The Promotion is void outside of the Eligibility Area and where otherwise prohibited or restricted.
HOW IT WORKS/OFFICIAL RULES: During the Promotion Period, eligible Entrants will have the opportunity to receive a prize/offer in this Promotion. Eligible Entrants must complete the requested steps in order to be eligible for a prize/offer in this Promotion. Limit one (1) entry per person and follow the entry instructions within the caption of the social media post. If you receive a message that contains any message other than a winning prize/offer message, you are not a winner.
PRIZE/OFFER WINNER DETERMINATION: Winner(s) of the Promotion will be randomly generated for each Prize/Offer available in this Promotion (“Winner(s)”). Winner(s) will be notified via social media, email, or phone. Winner(s) of the Promotion must respond to the notification within seven (7) days and must pick up the prize(s) in person at the following location: 9744 W Northern Ave, Peoria, AZ 85345. By claiming the prize(s), Winner agrees and consents to have their photo taken and posted on the Sponsor’s social media site(s).
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error that may occur in the processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. NOTE: Participation must be by the Entrant and only as directed in these Official Rules. Participation by any other individual or any entity, and/or originating at any website or other platform, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The use of any device to automate the entry process is prohibited and will lead to disqualification.
In the event of a dispute over the identity of an Entrant, entry will be deemed completed by the authorized account holder of the email address provided at time of registration. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
If applicable, the ability to participate via SMS Mobile Messaging is designed to work with all major domestic wireless carriers but Sponsor makes no guarantee that any particular wireless carrier’s network will be compatible with and/or permit participation in the Promotion via SMS Mobile Messaging. Sponsor, in its sole discretion and/or to comply with a particular wireless carrier’s requirements, may revise the list of participating wireless carriers at any time without notice. To participate via SMS Mobile Messaging, an entrant’s mobile phone must be capable of sending and receiving text messages. Message and data rates may apply to all text messages sent and received even if the attempted entry is not successfully transmitted for any reason.
If due to technical, production or other errors, more prizes/offers are claimed than intended, the intended prize/offer will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes/offers set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING PLAY AND/OR PRIZE/OFFER. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE/OFFER, EVEN IF THE PLATFORM SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
The submission of a prize/offer claim is solely the responsibility of the participant.
Sponsor may terminate the Promotion at any time, without notice, in Sponsor’s sole discretion.
PRIZES/OFFERS/ODDS: Winner(s) will not receive any difference between actual and approximate retail value of any prizes. All prizes a based on random computer-generated winning times. UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED. Odds of winning a prize depend on the total number of eligible entries. There is no guarantee that all prizes will be awarded.
GENERAL PRIZE/OFFER CONDITIONS: No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Winner(s) shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. No portion of the prize/offer has any cash value and no portion of the prize/offer may be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated or exchanged for cash, merchandise or services, in whole or part, without the advance written consent of Sponsor. No portion of the prize/offer may be listed or offered for sale on eBay, Craigslist, or similar auction websites.
GENERAL: Except where and as may be prohibited by law, acceptance of a prize/offer constitutes Winner(s)’s permission for Sponsor and its designees to use Winner(s)’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that Sponsor shall own the entries and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsors and/or their designees may determine without further consideration to entrants or any third party.
EASE AND LIMITATIONS OF LIABILITY: Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize/offer, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize/offer, including, without limitation, to such prize/offer’s quality or fitness for a particular purpose. Sponsor and Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor or Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize/offer notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event Sponsor is prevented from awarding prizes/offers or continuing with the Promotion as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE PROMOTION ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION- RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE PROMOTION ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OR WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSION TO THE FULLEST EXTENT PERMITTED BY LAW.
NO WAIVER: The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ARIZONA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
DISPUTES: In the event of a dispute and the parties cannot reach resolution on a matter relating to the Promotion, the parties shall endeavor to reach resolution through good faith direct discussions. If the dispute remains unresolved after fifteen (15) days from the date of first discussion, the parties can submit such matter to third-party non-binding mediation as a condition precedent to arbitration by either party. Such mediation shall, if at all possible, occur within thirty (30) days after the mediator has been selected, and shall occur at a mutually agreed-upon location. Each party shall share the cost of the mediation equally, but each party shall bear the cost of its own travel and attorneys’ fees. If the matter is not resolved at mediation, the parties shall be bound to arbitration. The dispute shall be referred in writing to the American Arbitration Association for selection of an arbitrator. Selection of the arbitrator shall be made in accordance with the Rules of the American Arbitration Association, and the arbitrator's decision shall be final and binding in all respects. Except as otherwise provided in this section, arbitration proceedings initiated pursuant to the Promotion shall be conducted in accordance with the Rules of the American Arbitration Association. In no event shall the dispute be submitted to litigation by either party.
By entering the contest or giveaway, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.