ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
CONTEST ENTRY PERIOD: The Whole Foods Market Next Hot Bar Star Contest (the “Contest”)begins at 12:00:01 AM Central Time (“CT”) on Wednesday, November 9, 2022 and ends at 11:59:59 PM CT on Wednesday, November 30, 2022 (the “Contest Period”) and consists of three (3) periods: the Contest Entry Period, Judging & Finalist Determination Period, and Finalist Judging and Winner Determination Period as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Promotion.
Contest Entry Period
November 9, 2022
November 30, 2022
Judging & Finalist Determination Period
December 1, 2022
December 5, 2022
Finalist Judging and Winner Determination Period
December 6, 2022
December 19, 2022
ELIGIBILITY: The Contest is open to legal residents of the 50 United States (excluding Alaska, Colorado, Delaware, Maryland, North Dakota, South Dakota, Vermont and West Virginia) including the District of Columbia, who are age 18 or older at the time of entry and at least the age of majority in his/her/their state of primary residence, and are not professionally employed in any of the following capacities and/or identifying any of the following his/her/their occupation on his/her/their tax return: chef (chef-owner, executive chef, sous chef, senior chef, or specialized chef), cooks (line cook, prep cook, relief cook or short order cook) or recipe developer. For clarity, bloggers and food influencers ARE eligible provided that they are NOT also professionally employed as a chef, cook or recipe developer as discussed above. Void in AK, CO, DE, MD, ND, SD, VT, WV, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Whole Foods Market (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Contest Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are three (3) ways to enter. Participants must create a video not to exceed 60 seconds showing his/her/their original holiday side dish worthy of the Whole Foods Market Hot Bar (the “Side Dish”) using at least one 365 by Whole Foods Market or Whole Foods Market brand product (each, a “WFM Product”) (the “Video”). Video must include the participant preparing the Side Dish, the completed Side Dish and show the WFM Product(s) package included in the recipe. Video cannot include brand names or logos other than those of Sponsor, copyrighted images or music or profanity.
Method #3: Twitter Entry: During the Contest Entry Period, participants must log in to his/her/their public Twitter account, follow @wholefoods on Twitter, and post a Tweet that includes the Video and the hashtag #WFMHotBarStarContest to receive one (1) entry into the Contest (the “Twitter Entry”). If a Tweet is more than one post in length it will be considered as one (1) entry into the Contest with the first post considered the Twitter Entry. By using the hashtags, Entrant indicates Entrant’s agreement to these Official Rules. Entrant’s Twitter settings must be public. Tweets from private Twitter accounts will not be eligible. Twitter Entry must be posted directly from a participant’s Twitter account. The decisions of the Sponsor are final and binding on all matters relating to determine eligibility of Tweets. Entrants must follow and continue to follow @wholefoods through at least January 16, 2023 in order to be notified in the event he/she is a potential winner. By submitting a Twitter Entry, entrants agree to Twitter’s Terms of Service opens in a new tab. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN CONTEST. TIKTOK, INSTAGRAM AND TWITTER ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
TikTok Entry, Instagram Entry and Twitter Entry collectively referred to herein as “Entry” or “Entries”. Limit: There is a limit of one (1) Entry per person regardless of the method of entry. All methods of entry have an equal chance of winning. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different identities, TikTok, Instagram or Twitter accounts, and/or any other methods, including, but not limited to, Entries generated by script, macro or other automated devices will void that Entrant's Entries and that Entrant may be disqualified from the Contest. Multiple Entrants are not permitted to share the same TikTok, Instagram or Twitter account.
ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
Side Dish must include at least one (1) 365 by Whole Foods Market or Whole Foods Market Brand Product.
Video must display or have in the audio the Side Dish recipe steps and show the making of the Side Dish.
Video Must show the completed Side Dish.
Video must show the packaging for the WFM Product(s) in the Side Dish.
Caption must include #WFMHotBarStarContest.
Follow @wholefoodsmarket on TikTok, @wholefoods on Instagram or @wholefoods on Twitter as required for the corresponding method of entry.
The Side Dish and entrant should be the primary subject of the Video. No other individuals may appear in the Video, without express permission. If Video features a minor under the age of majority in his/her/their state of residence, you must obtain written permission from the minor’s legal guardian.
Videos must conform to the format and size requirements and limitations of TikTok, Twitter or Instagram.
Video must not exceed 60 seconds in length.
Entry and Video cannot contain content that is irrelevant to the purpose of the Contest.
Once a Video has been submitted, it cannot be modified or deleted by Entrant.
Each submitted Side Dish recipe must be original.
No duplicate Videos or substantially similar Videos, as determined by the Sponsor’s in its sole discretion, may be submitted.
By submitting a Video recorded by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Video from the video recorder.
Entry and Video cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
Entry and Video cannot be violent or promote firearms/weapons.
Entry and Video cannot promote alcohol, illegal drugs or tobacco.
Entry and Video cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
Entry and Video cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
Entry and Video cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
Entry and Video cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
Entry and Video cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, TikTok, Facebook and Instagram wish to associate.
Entry and Video cannot depict illegal activity and cannot itself be in violation of any law.
Entry and Video cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
Entry and Video may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
Videos cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her/their Entry, Video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes a Video.
By submitting an Entry, Entrant warrants and represents that: (a) Entry and Video do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Video; (c) Entrant owns all rights to the Video, including without limitation, copyrights, and has received prior written permission from a third party if any Video was recorded by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
ENTRIES POSTED TO THE PROMOTION WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive:
A dish inspired by winner’s Side Dish will be featured on the Whole Foods Market Hot Bar during an upcoming holiday season.
One (1) years’ worth of groceries awarded as $10,000 in digital Whole Foods Market gift cards.
One (1) trip package for two (2) people, Grand Prize winner and one (1) guest (the “Guest”), to Austin, TX. Grand Prize trip package includes:
Round-trip, coach-class air-transportation for Grand Prize winner and Guest to Austin, TX from a major airport within the United States nearest the winner’s residence as determined by Sponsor.
Two (2) nights hotel accommodations based on a single room with double occupancy at a hotel of Sponsor’s choice;
Tour of the Whole Foods Market Global Test Kitchen and visit with the Whole Foods Market Culinary Team to taste the Hot Bar item inspired by Entrant’s Side Dish; and
Round-trip transfers to/from destination airport and hotel.
The ARV of Grand Prize: $15,000. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.
Second Prizes: There are three (3) Second Prizes available to be won. Each Second Prize includes $1,000 in digital Whole Foods Market gift cards. The ARV of Second Prize: $1,000 each.
The total ARV of all prizes available to be won: $18,000.
JUDGING & WINNER DETERMINATION: The Judging & Finalist Determination Period will begin on Thursday, December 1, 2022 and be completed on Monday, December 5, 2022. Alleligible Entries received during the Entry Period will be judged by a panel appointed by the Sponsor, who shall use the criteria set forth below (the “Judging Criteria”):
Originality: Creativity and uniqueness of side dish and ingredients used resulting in a dish that is differentiated in spirit, structure and taste (0-30 points)
Quality: Caliber of the Entrant's enthusiasm for the Side Dish and Whole Foods Market, appetite appeal of the finished Side Dish, Side Dish presentation (0-35 points)
Customer Appeal: Potential mass appeal and fit with Whole Foods Market principles of seasonally fresh, high quality and nourishing foods (0-10 points)
Product Usage: How many 365 by WFM or Whole Foods Market brand products were used and shown in the Entry:
a. 1 365 by WFM or Whole Foods Market brand product = 5 points
b. 2 – 3 365 by WFM or Whole Foods Market brand products = 10 points
c. 4 – 5 365 by WFM or Whole Foods Market brand products = 15 points
d. 6 or more 365 by WFM or Whole Foods Market brand products = 20 points
e. If at least one additional unique, non-basic 365 by WFM or Whole Foods Market brand pantry items, including but not limited to flour, sugar and oil that are not available in most grocers’ exclusive brand product lines = 5 points
The thirty (30) Entries that receive the highest total score (the “Initial Judging Score”) based on the judging criteria will each be deemed a potential finalist (each, a “Finalist Entry”). In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, Originality, will be deemed the potential Finalist Entry. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Finalist Entry(ies) from among the tied Entries, the highest scores in each of Criteria B through D, in sequence (to the extent needed) will determine the potential Finalist Entry(ies). In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
After the Finalist Entries have been determined, the Finalist Entries will be judged by a separate panel of judges appointed by the Sponsor, who shall use the criteria set forth below to add the corresponding number of points to the Finalist Entries’ Initial Judging Score to determine each Finalist Entries’ final judging score (the “Final Judging Score”).
E. Ingredient Sourcing: Availability and cost of ingredients (0-10 points)
F. Scalability for Bulk Production: Feasibility and ease of producing Side Dish in all hot bar locations at extremely high volumes (0-10 points)
G. Viability to Hot Hold: How Side Dish is anticipated to hold quality when held hot for one hour (0-10 points)
H. Differentiation on Hot Bar Menu: How additive and distinct could the Side Dish be for the 2023 Holiday Season hot bar (0-10 points)
The Finalist Entry that receives the highest Final Judging Score will be deemed the potential Grand Prize winner. The Finalist Entries that receive the three (3) next-highest Final Judging Scores will be deemed the potential First Prize winners. In the unlikely event of a tie in determining any prize winner, the tied Finalist Entry with the highest score in Criterion H, Differentiation on Hot Bar Menu, will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion H determining the potential winner(s) from among the tied Finalist Entries, the highest scores in each of Criteria E through G, in sequence (to the extent needed) will determine the potential winner(s). In the event additional tiebreakers are needed, all tied Finalist Entries will be judged by a separate panel of judges using the judging criteria above.
WINNER NOTIFICATION & VERIFICATION: The potential winners will be notified on or about December 20, 2022 by the Sponsor via direct message to the potential winner’s TikTok, Instagram or Twitter account associated with his/her/their Entry (the “Initial Notification”). To begin the prize claim process, each potential winner must respond as instructed to the Initial Notification with Entrant’s full name and email address within 48 hours of the Initial Notification. Non-compliance will result in disqualification and the Finalist who received the next highest judging score will be deemed a potential winner and will be notified. Within three (3) days of confirmation of a potential winner’s full name and email address, such potential winner will receive a second notification (the “Second Notification”) from the Contest Administrator via email and will be required to return to Contest Administrator, within three (3) days of Second Notification, a signed Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases"). The Releases will require the potential winner to furnish their Social Security Number for the purpose of tax reporting, as required by law. Guest of winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and the Finalist who received the next highest judging score will be deemed a potential winner and will be notified.
Winner may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential winner on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his/her/their state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable, and such parent or legal guardian must accompany Grand Prize winner as the Guest on the Grand Prize trip.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the prize may be awarded to the entrant/Finalist with the next highest judging score. If Sponsor is unable to determine and verify a potential winner after repeated unsuccessful attempts or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses are the sole responsibility of prize winner and/or Guest(s). Any person that participates in the trip that is not deemed to be a Guest must pay his/her/their own expenses. Winner and Guest must travel on same itinerary. Winner and Guest must have valid photo ID and any other required documentation prior to departure. Travel is subject to availability. Trip must be booked 4 weeks in advance and is only available from mid-January of 2023 through March 31, 2023. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable. Sponsor reserves the right to cancel and reschedule or to allow for booking of the trip at a later date in 2023 for any reason in its sole discretion.
Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Austin, Texas such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Sponsor reserves the right to substitute a travel allowance or round-trip ground transportation to/from the Grand Prize winner’s home in lieu of air transportation. The Grand Prize winner and Guest are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no Guest, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and Guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or Guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and Guest(s)’s transportation and such contracts shall be solely between the prize winner, Guest(s) and such transportation companies. Trip components issued in connection with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades. If for any reason whatsoever, winner and/or Guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner from among all non-winning eligible entries as previously described here. Winner and Guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport with a minimum validity 6 months after the date of return) prior to travel. Winner’s Guest must be legal U.S. resident, 18 years or older and the age of majority in his/her/their state of residence and must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above.
In the event a winner or Guest engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or Guest home with no further obligation or compensation whatsoever to winner and/or Guest. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Winners will be required to furnish his/her/their Social Security Number for the purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate account, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Contest Administrator, and release the Sponsor, the Contest Administrator, TikTok Inc., Meta Platforms, Inc., Twitter, Inc. and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Contest, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
Although subsequent attempts to submit an Entry on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, TikTok, Instagram or Twitter account or identity will be disqualified. In the event of a dispute over the identity of an entrant submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant or the TikTok, Instagram or Twitter account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address or TikTok, Instagram or Twitter account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, 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 of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, entrant (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Contest Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Contest and any promotion it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Travis County, TX,and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Travis County, TX. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Travis County, TX. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.wholefoods.com/legal/nexthotbarstar or send a self-addressed, stamped envelope by December 13, 2022, to: The Whole Foods Market Next Hot Bar Star Contest Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after December 13, 2022), send a stamped, self-addressed envelope (no later than January 13, 2023), to: The Whole Foods Market Next Hot Bar Star Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Whole Foods Market, 550 Bowie Street, Austin, TX 78703-4644.
CONTEST ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void outside the US, in AK, CO, DE, MD, ND, SD, VT, WV, Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.
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