AVOCADOS FROM MEXICO + WABA GRILL “AVOCABO”
SWEEPSTAKES 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 (the “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 U.S. residents of California and Arizona, who are 21 years of age or older at the time of entry (the “Entrant or Entrants”). Any winner must live in the valid area at the time of the drawing and distribution of any prize (the “Prize or 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. (the “Administrator”), and any other promotion agencies and other agencies involved in this Sweepstakes, and each of their respective affiliates, 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 (collectively, the “Released Parties”), 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 November 13, 2023, and ends at 11:59 p.m. PST on December 17, 2023. (“Entry Period”).
HOW TO ENTER: Entrants will be directed to a Sweepstakes landing page on the www.wabagrill.com/official-rules website where they will submit their active mobile phone number to confirm their entry into the Sweepstakes. Entrants will receive (1) one entry into the Sweepstakes once their mobile number is registered and confirmed. Entrants may receive an initial SMS / Text message confirming their entry. By doing so, the Entrant will be signing up for the WaBa Grill SMS Text Club. By entering a mobile number, Entrants agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from WaBa Grill at the mobile number used when signing up and/or entering the Sweepstakes. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel at any time. Msg frequency varies. Msg & data rates may apply. Please review the WaBa Grill SMS Text Club user Terms (https://attnl.tv/t/2UY) and Privacy policies (https://attnl.tv/t/2UY). Entrants without a mobile device or means of electronic entry 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 during the entry process. 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 (1) Grand Prize winner, and (5) Secondary Prize winners from the total number of eligible Entrants and entries received at the time of the drawing. The odds of winning a prize depend on the number of eligible entries received at the time of the drawing. Sponsor’s and Administrator’s decisions on all matters relating to the Sweepstakes, its eligible Entrants and potential winners are final and binding.
PRIZES/ RETAIL VALUE:
Grand Prize: (1) 5-Day Mexican Riviera Cruise for Two to Cabo San Lucas, Mexico, in a balcony room departing from the Port of Long Beach, California aboard a Carnival Cruise Line ship. Winner may choose to receive the cruise or equivalent cash value. All applicable cruise taxes, expenses, port fees, and trip protection fees are included in the Grand Prize value. However, any travel expenses incurred by the winner, in order to get to the port of departure, are not included in the Grand Prize and are the sole responsibility of the winner. Grand Prize does not include any additional cruise options, including, but not limited to, on-board drink packages, Wi-Fi packages, port excursions, or other on-board or onshore activities that are not included as part of the base cruise room package. Room type is based on availability at the time of booking and is subject to change. Deck levels are not guaranteed, and subject to availability at the time of booking. The Administrator will work with a local travel agent to coordinate cruise line reservations directly with the winner upon completion of winner’s eligibility. The winner is responsible for providing all necessary travel documentation and to acknowledge and accept all cruise line specific terms and conditions of travel at the time of booking. Grand Prize value not to exceed $1750.00 USD.
Secondary Prizes: (2) WaBa Grill Gift Card valued at $100, (3) AFM Merch Prize Pack valued at $117.
Total value for this Sweepstakes does not exceed $2301.00 USD.
PRIZE LIMIT: Grand prize winner has 5 business days from the date of notification to claim their prize. Limit one prize per eligible selected Entrant/household. Limit of one prize (valued at $1750.00 USD) per person/household during any consecutive twelve (12) month period from any promotion sponsored by Sponsor or Administrator.
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 by 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 mobile phone number associated with their WaBa Text Club account, or by any other contact means provided within their Text Club 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 5 business days after the first attempt to contact him/her, Sponsor and Administrator may elect to choose an alternate potential winner at random from the remaining entries. Upon confirmation of eligibility, a potential Prize winner must complete, sign, and return the Affidavit of Eligibility form, Release of Liability form, Publicity Release form, and any 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 a Prize, the Prize winner agrees 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 (the “Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (the “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 Entrant 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; 5) any and all claims related to or resulting from Winner’s travel outside of the United States. 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.
WINNER NAMES: To receive a copy of the winners list, mail a self-addressed stamped envelope to: AFM “AvoCabo” Sweepstakes Winners List, PO Box 240, Dept. W, Clear Lake, MN 55319. All mail-in requests must be postmarked and/or received before: December 17, 2023. 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