AAA Holiday Sweepstakes (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
1: TO ENTER Between 12:00:01 a.m. PST on November 10, 2020 and 11:59:59 p.m. PST on December 15, 2020 (“Sweepstakes Period”), visit AAA.com/HolidaySweepstakes (“Website”), complete all required fields located on the web form, including answering all required questions, and submit the completed form to receive one (1) entry into the Sweepstakes. All entries must be received by 11:59:59 p.m. PST on December 15, 2020. Limit: one (1) entry per person for the entire Sweepstakes Period. Receipt of entries will not be acknowledged or returned. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these official rules (“Official Rules”) or other instructions of Sponsor may be disqualified. For purposes of this Sweepstakes, only entries that are actually received and recorded through the Website on the Website’s servers will be eligible. Proof of sending (such as a copy of the message in a "sent" or similar folder or a confirmation or "thank you" screen or message) does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes.
2: ELIGIBILITY Sweepstakes open only to individuals legally residing in Alaska, Arizona, California, Montana, Nevada, Utah or Wyoming (the “Territory”) who are at least 18 years old as of date of entry and are members in good standing of AAA Northern California, Nevada & Utah as of the start of the Sweepstakes Period. Employees, officers, and directors of Sponsor, Dell Inc., and each of their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials and their immediate family members (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. All federal, state, and local laws and regulations apply.
3: PRIZE DETAILS AND RELATED TERMS A total of three (3) prizes (each a “Prize”) will be awarded:
- One (1) Grand Prize winner, subject to verification, will receive a Dell computer package consisting of the following: Dell XPS 13” 2-in-1 7390 computer (ARV $2,457.99); Alienware 34” Monitor (ARV $1,519.99); Alienware 7.1 Gaming Headset (ARV $99.99); Alienware Low Profile RGB Mechanical Gaming Keyboard (ARV $259.98); Dell Universal Dock (ARV $284.99); Epson EcoTank ET-M1170 Wireless Monochrome Supertank Printer (ARV $279.99); Dell Premier Backpack 15” (ARV $99.99); CORSAIR Gaming MM200 Standard Edition Mouse Pad (ARV $16.99) (ARV of Grand Prize package $5,019.91);
- One (1) Second Prize winner, subject to verification, will receive a Dell computer package consisting of the following: XPS Desktop computer (ARV $1,149.98); Dell 24” Monitor (ARV $659.98); Alienware 7.1 Gaming Headset (ARV $99.99); Dell Premier Wireless Keyboard and Mouse (ARV $99.99); Epson EcoTank ET-M1170 Wireless Monochrome Supertank Printer (ARV $279.99); Dell Dual Monitor Stand (ARV $189.99) (ARV of Second Prize package $2,479.92); and
- One (1) Third Prize winner, subject to verification, will receive a Dell computer package consisting of the following: XPS 13” Laptop (ARV $899.99); Dell Premier Backpack 15” (ARV $99.99) (ARV of Second Prize package $999.98).
Total Approximate Retail Value (“ARV”) of all Prizes: $8,499.81. Winners are responsible for any and all applicable fees, and all insurance costs, and any other unspecified expenses associated with acceptance or use of the Prize. Prize is not redeemable for cash and may not be transferred, substituted, purchased, sold, or bartered by any winner. Lost, stolen, damaged, or destroyed Prizes will not be replaced by Sponsor. ARV is as of date of printing of these Official Rules. The difference in value of Prize as stated herein and value at time of Prize notification, if any, will not be awarded.
4: DRAWING AND AWARDING OF PRIZES On or about January 15, 2021, a random drawing will be conducted from among all eligible entries received by Sponsor. Sponsor’s decisions will be final in all matters relating to this Sweepstakes. Potential winners are subject to verification, including verification of age. The potential winners will be notified via the e-mail provided on their entry form on or about January 18, 2021. The potential winners may be required to complete and sign an affidavit of eligibility (which affirms that they have complied with these Official Rules) as well as a liability release, and a publicity release, each of which, if issued, must be completed, signed, and returned within fourteen (14) days from date of issuance, or the Prize may be forfeited and awarded to an alternate winner. Except where prohibited, acceptance of a Prize constitutes a winner’s consent to use of winner’s name and/or photograph without further compensation for advertising, promotional, and publicity purposes by Sponsor. By accepting a Prize, winners acknowledge compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. Once a prize is shipped to the winner, Sponsor is not responsible for any prize that is lost, stolen, mutilated, destroyed, misdirected, or undelivered for any reason. Prize is provided “as is” and without any warranty of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Prize (if any) are subject to the manufacturer’s terms, and winners agree to look solely to such manufacturer for any such warranty and/or guarantee. Sponsor reserves the right to substitute Prize of equal or greater value if advertised Prize becomes unavailable. Limit one (1) Prize per person. If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty or undeliverable; if the potential winner does not respond according to the notification’s or Sponsor’s instructions; or if the winner or potential winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded.
5: ODDS Odds of winning depend upon the number of eligible entries received.
7: TAXES Any valuation of the Prizes stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely each winner’s responsibility. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Sponsor with valid identification and a signed IRS Form W-9 before any Prize will be awarded. United States residents that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. You must contact your own tax advisor for any questions concerning taxes.
8: OTHER CONDITIONS By participating, entrants agree to these Official Rules, which are final and binding in all respects and are subject to all federal, state, and local laws and regulations. Sponsor reserves the right, at its sole discretion, to cancel, modify, or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes; (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules; or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prizes to winners to be selected in random drawings from among the remaining uncorrupted eligible entries. By entering, entrants agree to release and hold harmless Sponsor, Dell Inc., and each of their parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders, representatives, and agents (collectively the “Released Parties”), from and against any and all claims, actions, and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy, and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect, or delay in the operation or transmission at any website; (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website; (iii) communications line, hardware and/or software failures; (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information; or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete, or any combination thereof. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. Participants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all Prizes won, in Sponsor’s discretion. By entering, entrants agree to comply with these Official Rules. Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified. In the event of a dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply.
9: DISPUTES Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
10: BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of an entrant and Sponsor in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the County of San Francisco in the State of California.
11: WINNERS' LIST To obtain a list of winners, send a self-addressed, stamped envelope to AAA NCNU, Via Advertising/Digital Content, Attn: AAA Holiday Sweepstakes, 1277 Treat Blvd., Ste. 1000, Walnut Creek, CA 94597. Requests for a winners list must be received within ninety (90) days after the winners of the Sweepstakes are selected.
12: SPONSOR AAA Northern California, Nevada & Utah, 1277 Treat Blvd., Ste. 1000, Walnut Creek, CA 94597 (“Sponsor”).