ALDI COOKOUT KICKBACK (“Sweepstakes”)
OFFICIAL RULES (“Rules”)
No purchase necessary to enter or win. A purchase will not increase your chance of winning. Internet access is required to enter. Sweepstakes is void outside the United State or the District of Columbia, and where prohibited by law.
SPONSOR: ALDI, INC., 1245 Corporate Boulevard, Aurora, IL 60505 (the “Sponsor”).
ADMINISTRATOR: PCG365, LLC, P.O. Box 1008, Manhasset, NY 11030 (the “Administrator”).
TIMING: The ALDI Cookout Kickback (“Sweepstakes”) begins on 12:00:00 AM Central Time (“CT”) on June 27, 2023 and ends at 11:59:59 PM CT on July 11, 2023 (“Sweepstakes Period”).
Limit one (1) entry per person and household for the entire Sweepstakes. Entries submitted by any Entrant who does not meet the eligibility requirements (including all requirements with respect to age and residence), as determined by Sponsor in its sole discretion, may be disqualified. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with, be bound by and abide by these Official Rules, and the decisions of the Sponsor and/or the Administrator, whose decisions shall be final and legally binding in all respects.
Entries will not be acknowledged or returned, and the Sponsor has the right to dispose of Entries at Sponsor’s sole discretion. Sponsor is not responsible for any lost, late, processed late, misdirected, illegible, incomplete, mutilated, stolen, postage due, deleted, due to computer or electronic malfunction or other error, or mechanically reproduced Entries, or Entries that have been tampered with or not obtained through legitimate channels, all of which will be disqualified. Purported entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, mechanically reproduced or generated by a macro, bot, or other automated means will not be accepted and any purported entry earned thereby will be void. Entries generated or submitted with any other means intended to impact the integrity of the Sweepstakes as determined by Sponsor in Sponsor’ sole discretion may be disqualified. Use of automated entry or similar devices, including but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Any participant who attempts to participate multiple times (e.g., submitting the Entry Form more than once or using multiple identities) is in violation of these Official Rules and may be disqualified. Entries or participation made on behalf of any other individual or any entity or group will be declared invalid and disqualified for this Sweepstakes. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Sweepstakes. Sponsor will not assume responsibility for any third party’s failure to act in accordance with its instructions pertaining to Sweepstakes implementation. Sponsor’s determination of eligibility and the earning or failure to earn an entry into the Sweepstakes will be final and binding on all participants. If there is any technological error or difficulty with the Sweepstakes, Sponsor reserves the right to suspend the Sweepstakes and award any remaining prizes from among all entries received prior to suspension or wait to award prizes until the technical difficulties are resolved to Sponsor’s satisfaction. Sponsor is the official timekeeper for the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
Use of a mobile device to participate in this Sweepstakes is not required. If you use a mobile device to enter the Sweepstakes, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
WINNER SELECTION/NOTIFICATION: On or about July 13, 2023, Administrator will conduct a randomized drawing to select one thousand (1,000) potential winners (“Winners”) from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend upon the total number of eligible Entries received.
Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All prizes may not be awarded in the event an insufficient number of eligible Entries are received. If a dispute as to the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry may be deemed ineligible. Sponsor reserves the right to choose an alternate winner in the event that a potential winner has been disqualified or is deemed ineligible (including, without limitation, if an attempted notification or prize is returned as undeliverable), in Sponsor’s sole discretion. As a condition of receiving the Prize, the Winner may be required to complete and sign a Prize Verification Form (which requires a U.S. mailing address for the Prize), Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), any required tax documentation, and any other documents required by Sponsor (collectively, the “Winner Documents”). Failure to complete the Winner Documents in the form provided by Sponsor’s representative, and in accordance with Sponsor’s representative’s instructions, may result in forfeiture of the Prize.
Each Winner will be notified by email on or about July 14, 2023. Each Winner must respond to such notification in accordance with Sponsor’s instructions within three (3) business days (or other time frame as indicated in Sponsor’s notification to the Winner). After Sponsor receives the Winner’s applicable Winner Documents, Sponsor will deliver the prize via First-Class Mail at the mailing address provided by Winner in the Winner Documents. Receiving a prize is contingent upon compliance with these Official Rules. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Failure to respond to Sponsor in the form provided by Sponsor, and in accordance with Sponsor’s instructions, may result in forfeiture of the Prize. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor reserves the right to contact any participant for verification purposes and administration of the Sweepstakes. The Prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners for any prize.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): Subject to verification, one thousand (1,000) confirmed winners will each receive a prize consisting of one (1) ALDI gift card valued between fifteen dollars ($15) and thirty-five dollars ($35) (the “Prize”). The actual value of the Aldi gift card will be determined based on the value of the cost savings difference between an ALDI Fourth of July Cookout for up to 10 and the national average of items and quantities included in the American Farm Bureau Federation’s annual Fourth of July Cookout Cost Survey for up to 10 published on June 27, 2023. Gift card is subject to all terms and conditions imposed on its use by its issuer, as specified on the gift card or in its accompanying materials and is valid only in the U.S.A. for use at ALDI locations. The ARV of each Prize: between $15 and $35. Total ARV: between $15,000 and $35,000. Limit one (1) Prize per household.
GENERAL PRIZE CONDITIONS: All prize details or other restrictions not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. The specifics of all elements of each Prize stated herein shall be solely determined by Sponsor. Sponsor will have no further obligation to a prize winner who has been disqualified and will not replace any disqualified prize. No transfer or assignment of a Prize permitted. Any taxes (federal, state, and local) and all other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of Winner. No more than the stated prizes will be awarded. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prizes may vary from the prizes pictured. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach any Winner because of an incorrect or changed address. Sponsor is not responsible and will have no liability for Winner’s inability to accept or use the prize for any reason. If Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. No transfers, cash redemptions, or prize substitutions will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Winner is strictly prohibited from transferring the right to receive the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each participant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
GENERAL CONDITIONS/LIABILITY RELEASE/FORCE MAJEURE: Each Entrant agrees that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sweepstakes Entities assume no responsibility for any damage to an entrant’s or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, and whether caused by a Released Party, a participant, or by human error, the Sweepstakes Entities are not responsible for incomplete, illegible, misprinted, late, lost, damaged, stolen, or misdirected entry, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any Sweepstakes-related advertisements, or other materials; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, Covid-19 or similar related issues, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or labor or material shortage, transportation interruption of any kind, work slow-down; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control whether or not specifically mentioned above (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.
If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By entering the Sweepstakes, participant agrees that, to the maximum 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 prizes awarded, will be resolved individually, 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) not to exceed ten dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will any participant be permitted to obtain any award for, and participant 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 (4) participant’s remedies are limited to a claim for money damages (if any) and participant irrevocably waives any right to seek injunctive or equitable relief.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. Without limiting the generality of the foregoing, such prizes are provided “as is” without warranty of any kind, either express or implied, and sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of entrants or sponsor in connection with the sweepstakes shall be governed by and construed in accordance with the internal laws of the state of New York without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in in a New York County, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Entry as set forth above, and except where prohibited by law, acceptance of a prize constitutes a Prize Winner’s permission for the Sweepstakes Entities to use each winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Sweepstakes Entities, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entry to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry.
WINNERS LIST: To obtain a list of Prize Winners, once all prize winners have been verified, but not sooner than August 31, 2023, send a self-addressed stamped envelope with proper First-Class Postage affixed to: ALDI Cookout Kickback Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by September 30, 2023.