Freihofer's Saratoga Jazz Festival Sweepstakes Official Rules, Terms, and Conditions

SARATOGA PERFORMING ARTS CENTER

2024 FREIHOFER’S SARATOGA JAZZ FESTIVAL SWEEPSTAKES

OFFICIAL RULES, TERMS AND CONDITIONS

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. ELIGIBILITY: The Saratoga Performing Arts Center 2024 Freihofer’s Saratoga Jazz Festival Sweepstakes (this “Sweepstakes”) is free to enter and open to legal MA/NY/NJ/CT/VT residents 21 years of age or older at the time of entry. Odds of winning depend upon the number of eligible entries (defined below) received. Sweepstakes is subject to all applicable federal, state, and local laws.

Employees of Sponsor, Saratoga Performing Arts Center, and employees of promotional partner Freihofer’s and parent company, Bimbo Bakeries USA, and their immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to enter or win. Sponsor sometimes excludes winners of its contests and sweepstakes from entering and winning another contest or sweepstakes sponsored by Sponsor for 12-months thereafter; if applicable, prior winners in sweepstakes and contest offered by Sponsor within the 12-month period applicable to them are also excluded from this Sweepstakes.

This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law. Participation constitutes each entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. For a copy of these Official Rules, print them from https://www.spac.org/VIPsweepstakes

 

2. SPONSOR: SARATOGA PERFORMING ARTS CENTER, ATTN. MARKETING, 108 AVENUE OF THE PINES, SARATOGA SPA STATE PARK, SARATOGA SPRINGS, NY 12866.

 

3. CONTEST PERIOD: This Sweepstakes begins at 09:00 AM ET on Wednesday, May 8, 2024, and ends at 11:59 PM ET on Wednesday, June 12, 2024 (the “Sweepstakes Period”). Sponsor’s time-keeping device is the official time-keeping device for this Sweepstakes.

 

4. HOW TO ENTER: To enter the Sweepstakes entrants will 1) go to https://www.spac.org/VIPsweepstakes and fill out the appropriate form. Sponsor will only accept entries during the Sweepstakes Period. An Entrant may enter the Sweepstakes only one (1) time during the Sweepstakes Period. ONLY ONE (1) ENTRY PER EMAIL ADDRESS AND PER HOUSEHOLD, AND ONLY ONE (1) PRIZE PER EMAIL ADDRESS AND PER HOUSEHOLD.

Entrants are subject to all notices posted online including, but not limited to, Sponsor’s Privacy Policy. Only one entry per person. Any attempt to enter the Sweepstakes by using multiple/different identities, registrations and logins, addresses, or any other methods will result in disqualification. Potential winner will be required to show an appropriate and generally accepted form of identification.

Sponsor reserves the right, in its sole and absolute discretion, to reject, disqualify and/or remove any entry without prior notice to the Entrant if, in Sponsor’s sole opinion, the entry violates these Official Rules or the spirit of the Sweepstakes.  If you choose to submit your entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. 

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL.

5. METHOD OF DETERMINING WINNER:

The winner of the Grand Prize will be determined in a random drawing to be conducted on or about June 14, 2024, from all eligible entries collected during the Sweepstakes Period.

The Runner-up Prize Winners will be determined in a random drawing to be conducted on or about June 18, 2024, from all eligible entries collected during the Sweepstakes Period.

Winning entrants will be contacted via email on or about the date of the random drawing. Winning entrants will have 48 hours to respond to claim the prize. If a response and verification is not received within 48 hours of notifying the winner, said entrant will be disqualified from the promotion and a redraw/reselection of a winner will occur. Sponsor may select a substitute winner by random drawing from all remaining eligible entries. Sponsor shall have no liability whatsoever for any winner notification that is lost, intercepted, misdirected, or not received by the potential winner for any reason. Entrant shall be solely responsible for checking their email account on a regular basis to verify whether their entry has been selected as a potential winner. Sponsor’s decisions are final and binding in all respects.

Duplicate, incomplete, mechanically reproduced, or apparent fraudulent entries may be disqualified within Sponsor’s sole discretion.

6. PRIZE: Sponsor will award One (1) Grand Prize. One (1) winner will individually receive:

Grand Prize (1): Grand Prize winner VIP Experience includes: two (2) amphitheater tickets for each day of the festival to be held on Saturday, June 29 and Sunday, June 30, 2024 at Saratoga Performing Arts Center (four (4) tickets total), two (2) 2-day access to The Pines Terrace, a gift pack for two (2). Grand prize winner to also receive two (2) complimentary nights’ accommodation at The Gideon Putnam hotel located at 24 Gideon Putnam Road, Saratoga Springs, NY 12866. Check in date: 6/28. Check out date: 6/30. Grand Prize winner to also receive a $500 gift card to Price Chopper/Market 32. Plus, a 1-year supply of Freihofer’s Bread, awarded in the form of 52 coupons, each redeemable for 1 loaf of Freihofer’s Bread product. The total approximate retail value of the 1x Grand Prize is $1,871 USD. ($396 Tickets, $100 swag, $100 VIP access, $600 accommodations, $500 gift card, $175 est. Bread 52 loafs x $3.35).

Sponsor will award five (5) Runner Up Prize(s). Runner Up Prize(s) (5x): A pair (2) of 2-day lawn passes to Freihofer’s Saratoga Jazz Festival 6/29/24 & 6/30/24. Approximate retail value of 5x Runner Up Prize(s): $280 USD each ($1,400 USD total value).

PRIZE PACKAGES DO NOT INCLUDE TRANSPORTATION, OR PARKING. Prize recipients must provide their own transportation to and from Freihofer’s Saratoga Jazz Festival, located at Saratoga Performing Arts Center, Saratoga Springs, NY, 12866. Only The Grand Prize Winner will receive complimentary accommodations.

Winning entrants will be contacted via email on or about the date of the random drawing. Winning entrants will have 48 hours to respond to claim the prize. If a response and verification is not received within 48 hours of notifying the winner, said entrant will be disqualified from the promotion and a redraw/reselection of a winner will occur. Similarly, if a winner fails to return or respond to any communications from the promotion sponsor in a timely manner (within 24 hours), winner will be disqualified and Sponsor is not longer obligated to fulfil the prize.

Prize fulfillment will be coordinated with winners directly and tickets will be available at the Saratoga Performing Arts Center Will Call window.

Sponsor reserves the right to verify prize claimant and require signature to take delivery of prize.

Prizes, tickets and coupons have no cash value and are not redeemable for cash, nor can they be transferred. Lost or stolen tickets, coupons or prize documentation will not be replaced or reissued. Coupons subject to certain terms and conditions as specified by issuer.

Winner is solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and/or use as well as all sales tax and gratuities.

No substitution, assignment, re-sale, or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value.

A winner of any prize may choose not to accept the prize in their discretion, in which case Sponsor will select a substitute winner through a random drawing of remaining eligible entries.

Unclaimed prizes may not be awarded.

PRIZES ARE NOT TRANSFERABLE.

 

7. WINNER NOTIFICATION: The potential Grand prize winner will receive an Affidavit of Eligibility, Liability & Publicity Release (the “Releases”), which must be completed in its entirety and returned to Sponsor prior to the potential winner claiming their prize. A potential Winner will not be confirmed as the Official Winner until the Releases are completed and returned to Sponsor pursuant to these Official Rules. A winner may waive their right to receive a prize. Non-winning Entrants will not be notified.

 

8. PRIZE CONDITIONS AND LIMITATIONS: Award of the prize is conditioned on winner signing and returning an Affidavit of Eligibility, Liability & Publicity Release, & Copyright License (the “Releases”) If the Winner Documentation is returned as undeliverable, not completed and returned in a timely manner, or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited, and an alternate winner will be selected from remaining eligible entries.

 

9. PUBLICITY RELEASE: Acceptance of a prize constitutes Winner’s express consent, authorization and permission to Sponsor, and their agencies to use such Winner’s image, name, voice and/or likeness, or other personal information, or any derivative thereof, for marketing, advertising and publicity purposes in any media format (including but not limited to social media channels, radio, television, print media, advertising material, internet and websites, and magazines), worldwide, in perpetuity, without further compensation or consideration, and without notice, review or approval from Winner, except where such use is prohibited by law. SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS.

 

10. CONDITIONS: By accepting a Prize, Winner agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding on all matters relating to the Sweepstakes and waive any right to claim ambiguity regarding the Sweepstakes mechanics and implementation, or interpretation of these Official Rules. Sweepstakes is subject to all applicable federal, state, and local laws. To the fullest extent permitted by law, by accepting a prize, Winner agrees to release, discharge, indemnify and hold harmless Sponsor, its advertising and promotion partners and agencies, affiliates, subsidiaries, and their respective officers, and employees (the “Released Parties”), from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize offered or accepted, or participation in this Sweepstakes. To the fullest extent permitted by law, Released Parties are not responsible for, and Participants, Entrants and Winners hereby release and hold harmless the Released Parties for any and all claims, damages, or causes of action, arising from or related to: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the transmitting or processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an individual’s participation in the Sweepstakes or receipt of and/or use of any prize hereunder; or (vi) events beyond the control of the Released Parties which may affect or impair the Winner’s use of or ability to use any prizes awarded hereunder. In no event shall the Released Parties be responsible or liable for any deficiencies, failures, inaccessibility, or malfunctioning with regard to any online postings, the submission of any entries, or any prize awarded, whether in whole or in part. Sponsor reserves the right to modify, terminate, or cancel this Sweepstakes, in its sole discretion, at any time and without prior notice. In the event of termination, a notice will be posted online, and Sponsor will select Sweepstakes winners from all eligible entries received up to the time of termination or modification. Any damage made to the Sweepstakes site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Any use of robotic, automatic, or programmed methods of participation will void all such submissions. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Any claims relating to the Sweepstakes shall be governed by New York State law without regard to its conflict of law rules, and any such claim must be heard in New York. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winner from among all eligible entries received prior to withdrawal.

 

11. NOTICE TO ENTRANTS: Sponsor is not responsible for faulty, incorrect or mis transcribed transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Sweepstakes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/Independent Administrator, in their sole discretion. In the event of termination, a notice will be emailed, and Sponsor will select Sweepstakes winners from all eligible entries received up to the time of termination or modification. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Any claims relating to the Sweepstakes shall be governed by New York law without regard to its conflict of law rules, and any such claim must be heard in New York. In the event of a dispute regarding the identity of an Entrant, Entry will be deemed submitted by the account holder associated with the entry code received via email. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor and their affiliate companies, parents, subsidiaries, divisions, officers, directors, and agents are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes.

 

12. DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. Entrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. Should any term of this section or these Official Rules be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring the section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS CONTEST, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRADULENT INDUCEMENT THEREOF. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

13. PRIVACY: Personal information collected from online entrants is subject to the Privacy Policy, which can be found at spac.org

 

SPAC/Sponsor may share potential Winner’s name and contact information with Sweepstakes entities and/or prize provider, as applicable, if necessary. All entries become the property of Sponsors and will not be acknowledged.

 

14. WINNER CONFIRMATION: For the name of the Winner, available after JUNE 26, 2024, send a self-addressed, stamped envelope to be received by July 16, 2024, to: SARATOGA PERFORMING ARTS CENTER, ATTN. MARKETING, 108 AVENUE OF THE PINES, SARATOGA SPA STATE PARK, SARATOGA SPRINGS, NY 12866.