OFFICIAL RULES: REYES COCA-COLA BOTTLING, L.L.C. PRESENTS GELSON’S “CHEERS TO THE HOLIDAYS” SWEEPSTAKES

NO PURCHASE OR STORE VISITATION NECESSARY TO ENTER OR TO WIN. A PURCHASE OR STORE VISITATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE STATE OF CALIFORNIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY.

VOID OUTSIDE CALIFORNIA AND WHERE PROHIBITED.

1) PROMOTION PERIOD: Gelson’s “Cheers to the Holidays” Sweepstakes (the “Sweepstakes” or “Promotion”) starts on December 1, 2024 at 12:00:00 AM Pacific Time (“PT”) and ends on December 31, 2024 at 11:59:59 PM PT (the “Promotion Period”). Administrator’s computer runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received.

2) ELIGIBILITY: The Sweepstakes is open only to legal residents of the state of California who are eighteen (18) years of age or older at the time of entry. Employees and non-employee workers of Reyes Coca-Cola Bottling, L.L.C. (the “Sponsor”), Reyes Holdings, LLC, other Coca-Cola bottlers, Gelson’s, Marden-Kane, Inc. (the “Administrator”), and their respective, parents, members, agents, representatives, officers, directors, shareholders, and employees that are involved in the development or execution of the Promotion (collectively “Released Entities”), and the immediate families (spouse and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each entrant (the “Entrant” or “Participant”) by participating in the Promotion agrees to be bound by the Official Rules and by Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to this Promotion. Void outside of California and where prohibited or restricted by law. This Promotion is subject to all applicable federal, state, and local laws and regulations.

3) HOW TO ENTER THE SWEEPSTAKES: NO PURCHASE OR STORE VISITATION NECESSARY. During the Promotion Period, go to www.gelsons.com/cheerstothholidays and follow the instructions to complete and submit the online entry form. As part of the Sweepstakes entry process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. By completing and submitting the required information the Entrant will receive one (1) entry into the Sweepstakes (the "Entry"). Limit of one (1) Entry per person. Entries received in excess of the limits stated herein will be void. Any entry information collected for/from the Sweepstakes shall be used only in a manner consistent with these Official Rules.

4) RANDOM DRAWING: A random drawing will be conducted on or about January 2, 2025 from amongst all eligible Entries received in the Sweepstakes (“Random Drawing” or “Drawing”). The Drawing will be conducted by the Administrator, an independent judging organization, whose decisions are final and binding on all matters relating to this Promotion. Potential winners are subject to eligibility verification and compliance with these Official Rules. Odds of winning depend on the total number of eligible Entries received.

5) PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: A prize package comprised of the following: (i) a Bar Tool Set; (ii) an Entertainment Cooler; (iii) a Gelson’s Coca-Cola Gift Basket (which includes an item containing peanuts); and (iv) a $500 (Five Hundred Dollars) Gelson’s Gift Card . Total ARV of Grand Prize: $800 (Eight Hundred Dollars). Five (5) First Prizes: A prize package comprised of one (1) Bar Tool Set and a $50 (Fifty Dollars) Gelson’s Gift Card. ARV: $95 (Ninety-Five Dollars) each. Total ARV of all First Prizes: $475 (Four Hundred Seventy-Five Dollars). Total ARV of all prizes to be awarded in the Sweepstakes: $1,275 (One Thousand Two Hundred Seventy-Five Dollars).

6) PRIZE RESTRICTIONS: Gift Cards are subject to terms and conditions specified by the issuer. No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsor. Prize may not be sold, bartered, or exchanged by winner. Prize consists of only those items specifically listed as part of the prize. All details of prize not specified herein shall be determined solely by Sponsor. Sponsor makes no warranties, and hereby disclaims any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. At Sponsor’s sole discretion, prize may vary from what has been advertised, pictured, etc. The Released Entities are not responsible for damage or loss of a prize after it has been delivered to the confirmed winner. Prize will be fulfilled by the Administrator after verification of eligibility. 

7) POTENTIAL WINNER NOTIFICATION AND CLEARANCE:The potential winners will be contacted by the Administrator via email and may be required to complete, sign, and return the following documents (collectively, the “Documents”): [1] an affidavit of eligibility and liability release and, where legal, a publicity release and [2] IRS Form W-9 to include his/her social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service (“IRS”) (as required for winners of prize valued at $600 or more). The completed Documents must be returned to the Administrator by the date stated in the notification email or the prize will be forfeited and may be awarded to an alternate potential prize winner, time permitting. If a potential prize winner (a) cannot be contacted after a reasonable attempt has been made by the Administrator (as determined by the Sponsor in its sole discretion); or (b) fails to timely return the completed Documents within the time specified within the notification email; or (c) refuses the prize; or (d) the prize or prize notification is rejected or returned as undeliverable, then such potential prize winner will be disqualified and forfeits all rights to be deemed the winner and an alternate potential prize winner will be notified, time permitting. Upon prize forfeiture, no compensation will be given.

8) OTHER INFORMATION: All federal, state, and other tax liabilities arising from a prize are the sole responsibility of each prize winner. Sponsor and/or Administrator will not enter into any correspondence, including email or text, with non-winning entrants. The Official Rules prevail should there be any conflict or uncertainty relating to the promotion based on information or advice provided by any of the Released Entities.

9) CONDUCT: By entering into this Promotion and/or receiving a prize, Entrants and each prize winner agree to be bound by these Official Rules and waive any rights to claim ambiguity in the Promotion or these Official Rules. These Official Rules are accessible at www.gelsons.com/cheerstothholidays throughout the Promotion Period. Failure to comply with these Official Rules will result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the Entry process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

10) LIMITATIONS OF LIABILITY: The Released Entities as defined in Rule #2 above assume no responsibility or liability for (a) any incorrect or inaccurate Entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person's computer/mobile device which may be related to or resulting from any attempt to participate in the Promotion or download any materials from the Promotion. If, for any reason, the Sweepstakes is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, including any other factors beyond Sponsor’s reasonable control such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without further liability to the Entrants or third parties. In the event the Sweepstakes is cancelled, Sponsor reserves the right to award the prizes from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation. With regard to this Sweepstakes, the Sponsor will only contact those Entrants deemed as potential winners for purposes of clearance and awarding of the prize. These Official Rules prevail should there be any conflict or uncertainty relating to the Sweepstakes based on information or advice provided by any of the Released Entities.

11) ENTRANT AND WINNER RELEASES: All Entrants, as a condition of Entry into the Promotion, agree to release and hold harmless the Released Entities from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) Entrant’s participation in the Sweepstakes or accessing the online entry form; (b) submitting an Entry or otherwise participating in any aspect of the Promotion; (c) the delivery, mis-delivery, acceptance, receipt, ownership, use or misuse of any prize awarded, including but not limited to claims of personal injury, illness/death (e.g., COVID-19) and/or property damage; (d) any typographical or other error in these Official Rules or the announcement of the offering of the prize; or (e) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. 

Entrants agree to be bound by these Rules and consent to the use of their names, address, photographs, any statements made by Entrants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by Sponsor and its designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law.

Entry and participation in the Sweepstakes shall be done at each Entrant’s own risk. Released Entities shall not be liable whatsoever for any claims, injuries, damages, or losses to any person or property, of any kind, including, but not limited to, any personal injury, death, damage to or loss of property, technical failures or disruptions, and any resulting direct, indirect, incidental, consequential, special, or punitive damages, that may occur or result, directly or indirectly, in whole or in part, from the entry and participation in the Sweepstakes or from the acceptance, receipt, or use or misuse of, or any activity or travel related to the acceptance, receipt, or use or misuse of, the prize, or any portion thereof. 

12) PRIVACY: By entering the Promotion, you grant the Sponsor permission to use your personal information in accordance with Sponsor’s Privacy Policy. By participating in the Promotion, Entrants hereby acknowledge that they have read and accepted Sponsor’s privacy policy. Information collected from Entrants (such as name, postal address and email address) will not be re-used, sold or shared in any manner by the Sponsor or any third parties unless Entrant has opted-in to receive additional information and marketing or promotional material from the Sponsor or a third party.

13) GENERAL: Any attempt by a person to use multiple e-mail accounts to enter more than once will result in disqualification. Entries will be deemed made by the authorized account holder of the e-mail address used at time of Entry. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the e-mail address attached to that winning Entry will be declared the winner. “Authorized Account Holder” is defined as the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. Potential winner may be asked to provide Sponsor with satisfactory proof that he/she is the Authorized Account Holder of the e-mail address associated with a potential winning Entry. Entry generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible, or corrupted are void and will not be accepted.

 

14) DISPUTES AND GOVERNING LAW: Entrant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of or relating to the Sweepstakes, the Official Rules, the prize, or the Sponsor's and/or Administrator's or Sponsor’s respective Privacy Policies will be resolved in accordance with the provisions set forth in this Disputes and Governing Law section. Entrant must read this section carefully. It affects Entrant’s rights and will have a substantial impact on how claims Entrant and Released Entities have against each other are resolved. Entrant agrees that whenever he or she has a disagreement with a Released Entity arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, the prize, or the Sponsor's and/or Administrator's Privacy Policy, Entrant will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Disputes and Governing Law section will apply even to disagreements that may have arisen before Entrant accepted these Official Rules or the Sponsor's and/or Administrator's Privacy Policy. Entrant must send the Demand to the following address (the “Notice Address”): Reyes Coca-Cola Bottling, L.L.C., 4 Park Plaza Suite 2000, Irvine, California 92614, Attention; Legal Department. Entrant agrees that Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after Entrant’s Demand is received by Sponsor. If the disagreement stated in the Demand is not resolved to Entrant’s satisfaction within ten (10) business days after it is received, and Entrant intends on taking legal action, Entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of Entrant and Released Entities to litigate claims in court and Entrant and Released Entities each agree to waive their respective rights to a jury trial or a state or federal judge. Entrant agrees that it will not file any lawsuit against the Released Entities in any state or federal court. Entrant agrees that if it does sue in state or federal court, and Released Entities bring a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Released Entities in court, including reasonable attorneys’ fees and costs. For any such filing of a demand for arbitration, Entrant must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, Entrant may file its case with any national arbitration. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective March 6, 2023 (and as may be company amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute it has with a Released Entity. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Orange County, California. Entrant agrees that it will not file a class action or collective action against Released Entities, and that Entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's and/or Administrator's Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances does Entrant or Released Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Released Entities will submit all disputes with Entrant to arbitration before the Arbitrator. Under no circumstances shall entrant be permitted to obtain an award for, and entrants hereby waive all rights to claim, punitive, incidental, lost profits, civil penalties, consequential, or any other damages other than actual out-of-pocket costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Released Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. This arbitration provision shall survive conclusion, modification, or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

15) WINNER’S LIST: To receive a copy of the winner’s list, available after January 31, 2025, send an email with subject line: "Gelson’s “Cheers to the Holidays” Sweepstakes" to winnerslist@mardenkane.com. All such requests must be received by February 28, 2025.

16) SPONSOR AND ADMINISTRATOR: Sponsor: Reyes Coca-Cola Bottling, L.L.C., 4 Park Plaza Suite 2000, Irvine, California 92614. The Administrator is Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Gelson’s is not a sponsor of this Promotion.

Copyright 2024 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.