NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY WEST WIND ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
Participation in a West Wind contest (“Contest”) constitutes each Contest participant’s (each an “Entrant”) full and unconditional agreement to and acceptance of these Contest rules (“Official Rules”) and the decisions of West Wind or its designee (including, without limitation, decisions regarding eligibility and judging of Contest Entries (as defined below), selection of Contest Winners (as defined below), and the awarding of any Contest prizes, which are final and binding in all respects. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
Contests will begin and end on the dates as specified in the particular Contest announcement (the “Promotion Period”). West Wind’s time-keeping system is the official time-keeping device for the Contest, and West Wind may also rely on the time processing functions of Facebook, Instagram, Snapchat, and/or Twitter, as relevant. West Wind Contests are open only to individual persons at least eighteen (18) years of age who, as of the date of entry, are permanent legal residents of the fifty (50) United States and the District of Columbia. Void where prohibited or restricted by law and in any location outside the fifty (50) United States and the District of Columbia. Any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple email addresses or otherwise will disqualify that Entrant. Contest Entries generated by a script, bot, macro or other automated means are void. Employees, contractors and agents (and their immediate families and household members) of West Wind, its subsidiaries, affiliates, and divisions, and persons who were awarded a prize or received other promotional consideration from West Wind within the last six (6) months prior to the beginning of the Contest period, are also not eligible to participate or win. For the avoidance of doubt, if it is found, in West Wind’s sole discretion, at any time during or after the Contest period, that any of the eligibility criteria herein are not met with respect to any Entrant, such Entrant may be disqualified from the Contest. West Wind’s determination of eligibility shall be final.
No purchase necessary to enter or win. Entrants will enter by submitting photographs, videos, email addresses and/or comments (each an “Entry”) via the method as specified in the particular Contest announcement and details.
West Wind will select potential Contest Winners (each a “Winner”) from among all eligible Entries received either in (i) a random drawing or (ii) through West Wind’s subjective analysis of Entries, the criteria of which as specified in the particular Contest announcement. The odds of being selected as a Winner depend on the total number of eligible Entries received in the Contest. Potential Winners will be notified either via: (i) the channel (e.g., Instagram, Snapchat, Twitter) the Entry is received; or (2) if applicable, the email address provided, within five (5) days following the end of the Promotion Period. If the potential Winner cannot be contacted, for any reason, within five (5) days after the first attempt to contact him/her, West Wind may select an alternate potential Winner in his/her place from the remaining non-winning, eligible Entries. West Wind shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each Entrant consents to receiving emails from West Wind and/or communications from West Wind through the channel(s) utilized by the Entrant to submit the Entry.
Winners will receive a prize as specified in the particular Contest announcement. Contest prizes are awarded “AS IS” and are non-transferable, non-assignable and non-refundable. No substitution for cash or other prize may be made, provided, however, that West Wind reserves the right (but has no obligation) to substitute a prize, or component thereof, with another prize, or component thereof, including cash, of equal or greater value should the awarded prize not be available for any reason as determined by West Wind in its sole discretion. By participating in the Contest, Entrants acknowledge that Contest prizes are awarded by West Wind and that the Contest is in no way sponsored, endorsed, or administered by anyone other than West Wind. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes and fees, shall be the sole responsibility of each Winner. If applicable, Winners will be issued an IRS Form 1099 and must complete an IRS Form W-9 in connection with the actual value of their prize.
By submitting an Entry, Entrants hereby grant West Wind the non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display his/her Entry for any purpose, throughout the world, in any medium, without further notice, approval, compensation or additional consideration to Entrant unless prohibited by law.
Each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, defend and hold harmless West Wind and its affiliates, subsidiaries, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (the “Released Parties”) from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in the Contest or the awarding, acceptance, receipt, use, or misuse of any prize (including any travel or activity related thereto).
The Released Parties are not responsible for (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from the Contest; (b) any technical errors associated with the Contest, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, announcement of the Winner, the cancellation or postponement of the Contest, or in any Contest-related materials; and (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or acceptance, receipt, or misuse of a Contest prize.
Any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. All Contests shall be governed by, and construed in accordance with, the laws of the State of California, regardless of conflicts of laws principles. Any action or litigation concerning the Contest shall take place exclusively in the federal or state courts in the State of California, County of Marin or San Francisco, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
By participating in a West Wind Contest, Entrants acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, and/ or Snapchat (the “Released Platforms”) and hereby release the Released Platforms from any and all liability arising from or related to any West Wind Contest. The information Entrants provide for the Contest is being provided to West Wind and not to the Released Platforms.
The names of Contest Winners may be obtained upon request by emailing email@example.com at least thirty (30) days following the end of the Contest.
The Contest sponsor is West Wind, 150 Pelican Way, San Rafael, California 94901. “West Wind” is defined as Syufy Enterprises, a California limited partnership, d/b/a West Wind All Digital Drive-In and Public Market.