Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
AGREEMENT TO OFFICIAL RULES: BY ENTERING THIS SWEEPSTAKES (“SWEEPSTAKES”), YOU AGREE TO ABIDE BY AND BE BOUND BY THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ELIGIBILITY: The Sweepstakes is open to legal residents of California and Arizona, who are 21 years of age or older at the time of entry. Winner must live in the valid area at the time of the drawing and distribution of any prize (“Prizes”). Sweepstakes is void where prohibited by law. Employees, officers and directors of Avocados From Mexico, Inc. ( the “Sponsor”), its parent company, subsidiaries, affiliates and partners, and WaBa Grill Franchise Corp. (“Administrator”), and any other promotion agencies and other agencies involved in this Sweepstakes, and each of their respective affiliates (collectively, the “Released Parties”), and members of the same the household and immediate family members (spouse, child, parent, sibling, and their respective spouses) of all such employees/officers/directors, are NOT eligible to enter or win. Sweepstakes is subject to all federal, state, and local laws and regulations.
ENTRY PERIOD: This Sweepstakes begins at 7:00 a.m. PST on July 1, 2022 and ends at 11:59 p.m. PST on July 24, 2022. ("Entry Period").
HOW TO ENTER: Entrants that have an active WaBa Rewards loyalty account can use the official WaBa Rewards App (iOS or Android) or be signed into the online ordering system using their WaBa Rewards loyalty account at wabagrill.com to participate in the Sweepstakes. Entrants will receive (1) entry into the Sweepstakes when they add a side of Half-ocado™ to any entrée purchase through the App or online ordering system while signed into their WaBa Rewards loyalty account. Entries into the Sweepstakes are limited to (1) entry per day per customer. Entrants without an active WaBa Rewards loyalty account may still submit (1) entry into the Sweepstakes by sending in a postcard with their name, address, and phone number to the Administrator’s address prior to the end of the Sweepstakes entry period. All entry submissions received after the end of the Sweepstakes period will be considered null and void from participation.
Any attempt by an Entrant to enter using any other method of entry outside of these entry options outlined above will be disqualified. The Released Parties assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, including the interpretation of these Official Rules and Sponsor’s exercise of discretion, which will be final and binding in all respects.
Please see the “Privacy” section below for details regarding the use of personal information collected in connection with this Sweepstakes.
DRAWING/WINNER SELECTION: The Administrator of this Sweepstakes will randomly select potential Prize winners from the WaBa Rewards loyalty system on the following schedule based on the total number of eligible Entrants at the time of each drawing:
(5) Tier 1 Prize winners of (1) Free WaBa Grill Bowl randomly selected on July 11, 2022 – 5 winners’ max
(5) Tier 1 Prize winners of (1) Free WaBa Grill Bowl randomly selected on July 18, 2022 – 5 winners’ max
(5) Tier 1 Prize winners of (1) Free WaBa Grill Bowl randomly selected on July 25, 2022 – 5 winners’ max
(1) Grand Prize winner of (1) $500 Visa® Gift Card randomly selected on July 25, 2022 – 1 winner max
Each Tier 1 Prize winner will be eligible for the Grand Prize drawing. Each weekly prize winners will be announced on the Administrators’ social media channels each week, with the Grand Prize winner being announced on National Avocado Day on July 31, 2022. The odds of winning a prize depend on the number of eligible entries received at the time of each drawing. Sponsor’s and Administrator’s decisions on all matters relating to the Sweepstakes are final and binding.
PRIZES/ RETAIL VALUE: There will be a total of Fifteen (15) Tier 1 prizes consisting of a Free WaBa Grill Bowl Entrée awarded valued up to $12.00 USD max each, and (1) Grand Prize Visa® Gift Card valued at $500 USD awarded during this Sweepstakes.
Total value for this Sweepstakes not to exceed $680.00 USD.
PRIZE LIMIT: All eligible Limit one prize per eligible selected Entrant/household. Limit of one prize (valued at $500 or more) per person/household during any consecutive twelve (12) month period from any promotion sponsored by Sponsor.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. No cash equivalent or other substitutions will be awarded, except the Sponsor reserves the right in its sole discretion to substitute any prize with another prize of equal or greater value in the event that the prize (or any component thereof) is not available as determined by the Sponsor in its sole discretion. Any local, state or federal taxes associated with any prize awarded in connection with the Sweepstakes are the sole responsibility of the Prize Winner. The value of the prize, as ultimately determined the Sponsor, cannot be challenged or appealed. The Released Parties are not liable for the payment of any taxes associated with acceptance of the prize. Any gift card prize is subject to the terms and conditions stated on gift card.
PRIZE NOTIFICATION: Potential Prize winners will be contacted via the email address associated with their WaBa Rewards loyalty account, or by any other contact means provided within their loyalty account, and winner’s will be required to provide proof of identification and all other information needed by the Sponsor and/or Administrator to confirm their identify and eligibility in the Sweepstakes. If a potential Prize winner does not respond within 48 hours after the first attempt to contact him/her, Sponsor and Administrator may select an alternate potential winner at random from the remaining entries. If requested a potential Prize winner must complete, sign, and return the affidavit of eligibility, release of liability, publicity release, and appropriate tax documents, as provided by the Administrator (the “Documents”), within five (5) business days of delivery of the Documents, or the prize will be forfeited in its entirety. Return of any prize, or notification that the prize was undeliverable, or failure of a potential winner to accept any prize within the specified time period may, in the Sponsor’s sole discretion, result in disqualification of the potential winner and forfeiture of the prize. If a potential winner forfeits a prize, no alternative compensation will be given.
PUBLICITY RELEASE: Subject to applicable law, by accepting the prize, the Prize winner irrevocably grants to Sponsor the right to use and publish his/her proper name, city and state of residence, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Prize winner regarding the Sweepstakes or Sponsor online and in print and in any other media now known or hereafter developed, worldwide, in perpetuity, in connection with the Sweepstakes and for advertising and promotional purposes, without additional compensation or notification. The Sponsor has full ownership of all content captured during the Sweepstakes period and during the prize fulfillment period.
RELEASE AND LIMITATIONS OF LIABILITY / ADDITIONAL TERMS: By entering the Sweepstakes, each Entrant agrees, and by accepting the Prize the Prize winners agree, to release, indemnify and hold harmless the Released Parties from and against any liability, loss, damage, cost, and expense that the Released Parties may suffer as a result of any claims, suits, demands, actions, causes of action (“Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (“Losses”), whether foreseen or unforeseen, that may be made or had against the Released Parties arising from or in connection with the Sweepstakes, including, but not limited to, all such Claims and Losses arising from: 1) any prize won; 2) the negligence, reckless acts, and/or intentional or willful misconduct by Entrants or Prize winner; 3) any injuries, death, damage to persons or property, losses, or other damage of any kind that the Entrants or Prize winner may sustain which may be caused, directly or indirectly, in whole or in part, from or in connection with their participation in the Sweepstakes or receipt of any prize, unless prohibited by law; and 4) any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and/or breach of contract. THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS’ ACCESS TO AND USE OF THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES; OR PRIZE WINNER’S USE OF PRIZE. THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
As a condition of entering the Sweepstakes, the Prize winner gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winners list. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prize to an Entrant randomly selected from among all valid and eligible entries received up to the time of such Force Majeure event.
DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by private and confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party including any form of class or representative action. The arbitration shall be conducted in the District of Columbia. ALL ASPECTS OF THE OPERATION OF THE SWEEPSTAKES, AS WELL AS THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEMENT OF THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS, AS WELL AS THE RESPECTIVE RIGHTS OF THE SPONSOR OF, PARTICIPANTS IN, AND WINNER OF THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue in the District of Columbia. The parties agree not to raise the defense of forum non conveniens.
PRIVACY: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at:
http://avocadosfrommexico.com/privacy-policy/. All Entrants using the WaBa Rewards loyalty program are in accordance with the Administrator privacy policy available at: https://www.wabagrill.com/privacy-policy. By participating in the Sweepstakes and providing any personal information, Entrants hereby agree to Sponsors’ and Administrators’ collection and usage of their personal information and acknowledge that they have read and accepted the terms of Sponsor’s and Administrator’s privacy policies.
WINNER NAMES: To receive a copy of the winners list, mail a self-addressed stamped envelope to:
AFM Half-Ocado Sweepstakes Winners List, PO Box 240, Dept. W, Clear Lake, MN 55319. All mail-in requests must be received by: August 1, 2022. Winner’s list will be mailed after all winners are confirmed.
SPONSOR: Avocados from Mexico Inc., 222 W. Las Colinas Blvd., Suite 850E, Irving, TX 75039
ADMINISTRATOR: WaBa Grill Franchise Corp. 181 S. Old Springs Rd. Anaheim Hills, CA 92808