NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS TALPA GIVEAWAY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE TALPA GIVEAWAY, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE TALPA GIVEAWAY ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Sponsor: Talpa Supermarkets
Eligibility: The Talpa Giveaway is open to residents in the United States and the District of Columbia (excluding Puerto Rico and other U.S. territories) who are at least 18 years of age with a valid drivers’ license. To be eligible, participants must come into our Talpa Supermarket location at 7050 Jimmy Carter BLVD Suite118, Peachtree Corners, GA 30092 between November 1, 2023 to January 12, 2024 by 11:59 AM and fill out a registration card to be entered into the drawing. Limit one entry per customer every visit. Winning participant is responsible for paying sales tax, tag and title. Winning participant must show proof of insurance prior to taking delivery of any vehicle prize. Employees of Talpa Supermarkets and their family members are not eligible to participate. Live drawing to be held on January 12, 2024 at 4:00 PM at 7050 Jimmy Carter BLVD Suite 118, Peachtree Corners, GA 30092.
Alternate Form of Entry: Entries by any other method, including entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, is not in compliance with these Official Rules. The Contest is in no way sponsored, endorsed, administered by, or associated with, Instagram, Facebook, Twitter, or any other social media platform. One (1) entry per envelope. Entries must be received on or before January 12, 2024. All entries become the exclusive property of Talpa Supermarkets, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Talpa Supermarkets. Talpa Supermarkets are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
The winner(s) of the Talpa Giveaway (the “Winner(s)”) will receive the following prize:
____(1) 2023 Nissan Kicks__________
Winner Notification. The conditional winner will be notified using the contact information entered on the entry form within three (3) business days from the drawing. If Talpa Supermarket is unable to contact any conditional winner or the same fails to respond to the initial contact within three (3) business days of notification, the conditional winner will be disqualified and an alternative winner will be notified as the new conditional winner.
Publicity Release: Subject to applicable law, winners irrevocably grant the Sponsor and each of their licensees, and their respective successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the TALPA GIVEAWAY, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize(s) to the winner(s).
Release Of Liability: By participating, winner(s), winner(s)’ guests and entrants agree to release, discharge, indemnify and hold harmless the Sponsor and each of their respective directors, officers, employees, agents, successor and assigns from and against any claims made by a winner(s), a winner’s guest, entrants or any other third parties related in any way to the operation of this TALPA GIVEAWAY as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the TALPA GIVEAWAY and/or any TALPA GIVEAWAY-related activity.
LEGAL WARNING: WITHOUT LIMITING THE FOREGOING, THE TALPA GIVEAWAY, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE TALPA GIVEAWAY SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SINCE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Dispute Resolution: The parties each agree to finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Atlanta, Georgia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. However, neither Sponsor nor entrant may require arbitration of the other’s claims brought in a small claims court lawsuit strictly seeking a monetary recovery of no more than the court’s jurisdictional limit (including attorneys’ fees and costs), provided that no other relief is sought; but, the parties may elect arbitration of any amended claim, counterclaim, cross-claim or third-party claim seeking any relief other than monetary relief up to the jurisdictional limit (including attorneys’ fees and costs). A single arbitrator shall conduct arbitration, under the Federal Rules of Evidence and the American Arbitration Association (“AAA”) Consumer Arbitration Rules in effect at the time the claim is filed. To obtain rules and form, contact the AAA at 800.778.7879, www.adr.org/consumer (website), or firstname.lastname@example.org (E-Mail). Sponsor agrees to pay any filing fee in excess of $200 and to pay any required deposit. Sponsor agrees to pay the initial costs of arbitration up to a maximum of eight hours of hearings. Any participatory hearing will take place in the county where entrant lives unless the parties agree to another location. If AAA cannot or will not administer the arbitration, the parties agree to submit the claim to JAMS for proceedings conducted under JAMS’ Comprehensive Arbitration Rules. If both designated arbitration forums cannot or will not administer the arbitration, it remains the parties’ intent to arbitrate and to have appointed an arbitrator pursuant to 9 USC § 5. Entrant agrees not to participate in a representative capacity or as a member of any class of claimants pertaining to any claims or disputes covered by these mandatory arbitration provisions. No arbitrator shall be allowed to conduct arbitration on a class-wide basis, and the arbitrator shall not be allowed to consolidate arbitration demands filed by Sponsor’s other customers. However, if the previous sentence is found unenforceable, these entire mandatory arbitration provisions shall be void. If any other term is unenforceable in these mandatory arbitration provisions, the remaining terms are severable and enforceable to the fullest extent permitted by law. These mandatory arbitration provisions shall be governed by the Federal Arbitration Act. By participating in the TALPA GIVEAWAY, entrant agrees to the mandatory arbitration provisions above. ENTRANT UNDERSTANDS THAT HE/SHE IS VOLUNTARILY WAIVING HIS/HER RIGHT TO A JURY TRIAL OR JUDGE TRIAL FOR SUCH DISPUTES.
Limitation of Liability: By entering the TALPA GIVEAWAY, entrant agrees that to the extent permitted by applicable law: (a) any and all disputes, claims and causes of action arising out of or connected with the TALPA GIVEAWAY, or any prize (s) awarded, will be resolved individually, without resort to any form of class action; (b) 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; (c) 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 not to exceed ten dollars ($10.00), and/or any rights to have damages multiplied or otherwise increased; and (d) entrants’ 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 you.
Taxes and IRS Rules: All winners shall be responsible for any and all federal, state and local income or excise taxes, fees, assessments and like charges associated with the prizes. Winner is responsible for any transportation costs associated with transporting the vehicle to winner’s location.
Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the TALPA GIVEAWAY will be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision