TONY’S FINER FOODS ENTERPRISES, LLC’S CUSTOMER APPRECIATION SWEEPSTAKES  

OFFICIAL RULES AND PRIVACY NOTICE (“OFFICIAL RULES”) 
 

  1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CUSTOMER APPRECIATION SWEEPSTAKES (HEREINAFTER REFERRED TO AS “SWEEPSTAKES”). A PURCASE WILL NOT INCREASE YOUR CHANCE OF WINING. VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES, PRIVACY POLICY, BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED, BELOW.  
  2. ENTERING THE SWEEPSTAKES: Beginning January 3, 2024, at 7:00 AM Central Standard Time (“CST”) through February 2, 2024 at 12:00 PM CST (hereinafter referred to as “Sweepstakes Period”), only available at Sponsor’s (further defined below) grocery store located in 155 E. North Ave, Glendale Heights, IL 60139 (hereinafter referred to “Tony’s Fresh Market”) for the Customer Appreciation Sweepstakes and submit an entry form. Fill in all required information, including your personal information and the supermarket where you shop. To enter the Sweepstakes, during the Sweepstakes Period, Entrants must complete the entry form available either (1) at the cash register at the time of Entrant completing a single purchase of $30.00 or more or (2) at the Customer Service Desk upon request by Entrant without purchase of any kind. For each day during the Sweepstakes Period, Entrants are permitted one submission of an entry form per drawing. By entering this Sweepstakes, Entrant accepts and agrees to these Official Rules, and the Privacy Notice (further defined below and linked in Section 10, below) and the decisions of Sponsor, which shall be final in all matters.  
  3. ELIGIBILITY: Open to Entrants who (i) are at least eighteen (18) years of age or older at the time the Sweepstakes Period commences, (ii) are a legal resident or United States Citizen, and (iii) who reside within twenty-five (25) miles of Tony’s Fresh Market (located in 155 E. North Ave, Glendale Heights, IL 60139) . Employees of Tony’s Finer Foods Enterprises, LLC and their affiliates and subsidiaries (collectively “Sponsor”), and members of such employees’ immediate family or persons living in the same household as such employees are not eligible for the Sweepstakes. The foregoing eligibility requirements are void where prohibited. 
  4. PRIZES: It is expected that a total of thirty (30) winning Entrants (“Winners” or “Winner”) will be selected throughout the Sweepstakes Period, and it is further expected that a total of thirty (30) prizes total will be issued to confirmed Winners. During the Sweepstakes Period, the following prizes shall be awarded (list of prizes in no particular order and Sponsor reserves the right to award prizes in any order): one (1) $500 Tony’s Fresh Market Gift Card only redeemable at any of Sponsor’s Illinois locations with an approximate retail value (hereinafter referred to as “ARV”) of $500.00; one (1) Nespresso Vertuo Next Coffee and Espresso Maker with an ARV of $135.00; one (1) 55” TCL Smart TV with an ARV of $175.00; one (1)  Cuisinart 11 Piece Stainless Steel Cookware Set with an ARV of $130.00; one (1) Ninja Smokeless Indoor Grill & Griddle with an ARV of $100.00; one (1) Ring Doorbell with an ARV of $100.00; one (1) $100 Tony’s Fresh Market Gift Card with an ARV of $100.00; one (1) Cuisinart 15 Piece Knife Set with an ARV of $70.00; one (1) Ninja Air Fryer 4 Quart with an ARV of $75.00; one (1) 6 Quart Crockpot with an ARV of $70.00; one (1) Craftsman Home Tool Set 57 Piece with an ARV of $60.00; one (1) set containing one (1) Utz Pop Up Tent and two (2) camping chairs with an ARV of $80.00; one (1) 3-in-1 Breakfast Center Toaster Oven with an ARV of $60.00; one (1) Fitbit with an ARV of $65.00; one (1) $100 Tony’s Fresh Market Gift Card only redeemable at any of Sponsor’s Illinois locations  $100.00; one (1) Instapot with an ARV of $100.00; one (1) personal blender with an ARV of $40.00; one (1) Double Crockpot with an ARV of $50.00; one (1) Stella Artois Cooler with an ARV of $120.00; one (1) food storage container set with an ARV of $45.00; one (1) prize for the geographic district that is within 25 miles of Tony’s Fresh Market located in Glendale Heights, Illinois: a $50 Tony’s Fresh Market Gift Card only redeemable at any of Sponsor’s Illinois locations with an ARV of $50.00; one (1) wine decanter with an ARV of $45.00; one (1) mixing bowl & measuring cup set with an ARV of $40.00; one (1) Bubly Can Cooler with an ARV of $40.00; one (1)   cooking utensils set with an ARV of $40.00; one (1) $50 Tony’s Fresh Market Gift Card only redeemable at any of Sponsor’s Illinois locations with an ARV of $50.00; three (3) Pepsi Igloo backpack, each backpack to include one (1) $20 Tony’s Fresh Market Gift Card only redeemable at Sponsor’s Illinois locations, each Pepsi Igloo backpack and Tony’s Fresh Market Gift Card will have a total ARV of $75.00; one (1) Coleman Cooler with an ARV of $40.00. Total value of all prizes: $2,705.00. No substitution or transfer of prize permitted. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If a Winner is determined by Sponsor to be ineligible to receive a prize for any reason (see Section 5 below), the prize shall be forfeited and Sponsor, in its sole discretion, may choose to not select another winner to redeem the applicable prize. All taxes and/or fees resulting from acceptance of a prize shall be the sole responsibility of the Winner. 
  5. SELECTION OF WINNERS; REQUIREMENTS: On each day during the Sweepstakes Period, a random drawing will be conducted by Sponsor to select one (1) Entrant as the Winner from among all eligible entries received. Odds of winning a prize depend on the number of entries received eligible for that prize. Potential Winners will be notified by phone. Following such notification, Sponsor will send potential winners a prize claim documents (such documents may include an IRS Form 1099-MISC, Sponsor’s release agreement (or other similar agreement) and any other documents Sponsor may reasonably request prior to issuing any prizes). Potential Winners must sign and return the required prize claim documents within three calendar (3) days from delivery by Sponsor, or such other date set by Sponsor, as a condition to receive the identified/applicable prize. Failure to respond within the applicable time period will result in forfeiture of the prize and Sponsor may, at its sole discretion, award the prize to another winner. If, after three (3) attempts to notify a potential Winner, Sponsor cannot locate such person, Sponsor may, at its sole discretion, award the prize to another Winner by random drawing. In the event a dispute arises as to the identity of a potentially winning Entrant, the identity of the Entrant will be conclusively determined by the name on the online entry form. By entering the Sweepstakes and/or accepting a prize, winning Entrants hereby accepts, agrees and grants permission to Sponsor (including to its affiliates and subsidiaries) to use a Winner’s name, likeness, and biographical information in connection with the Sweepstakes, the announcement of the Winners and for other purpose (such as social media postings or advertisements) without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.  

          If (i) any potential Winner fails or refuses to timely complete, sign and return all prize claim documents  by the redemption deadline as advised by Sponsor, or (ii) if the prize claim documents or a prize is returned as unclaimed or undeliverable, such potential Winner will be disqualified and/or otherwise be deemed to have forfeited said prize. If, in Sponsor’s sole discretion and reasonable belief, a potential Winner makes any false statement in any prize claim document, the prize shall be forfeited. The submission of prize claim documents is solely the responsibility of each potential winner to ensure it is fully completed, signed and returned to Sponsor in a timely manner. If any potential Winner declines a prize, is found to be ineligible or fails to comply with these Official Rules, such potential Winner shall be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. However, Sponsor reserves the right to give away a prize to another eligible Entrant by random drawing. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable Winner upon award of the prize. Prizes will be delivered only upon completion of the Prize Claim Documents by Winner. 

          6. RELEASES AND LIMITATION OF LIABILITY: By entering this Sweepstakes, Entrants waive all right to, and release and hold Sponsor (including its affiliates, subsidiaries and the owners, officers, directors, managers, employees, agents and delegates of each of its entities), Facebook, Inc. and Instagram, Inc. harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ or experts’ fees) arising out of or in connection with participation in this Sweepstakes or the selection of Winners or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sponsor (including its affiliates, subsidiaries and the owners, officers, directors, managers, employees, agents and delegates of each of its entities), Facebook, Inc. and Instagram, Inc. shall not be responsible for: late, incomplete, undeliverable or incorrect entries; an Entrant’s failure to receive communications regarding the Sweepstakes due to Entrant’s spam, junk e-mail, or other security settings or for Entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this Sweepstakes; or any typographical, technological, or other error in the submission of entries, the publishing of the offer, administration of the Sweepstakes, or announcement of the prizes.

          7. CANCELLATION; MODIFICATION: Sponsor reserves the right to cancel or modify this Sweepstakes, including these Official Rules and Privacy Notice, in a manner it deems appropriate for any reason, including, but not limited to, if, in Sponsor’s sole and absolution discretion, Sponsor believes  there is an error, or there is an error, any suspected evidence of tampering with any portion of the Sweepstakes, if technical difficulties (including viruses and bugs) compromise the integrity of the Sweepstakes from running as planned, any such modification will be posted here.

          8. CHOICE OF LAW AND FORUM: ENTRANT AGREES THAT ALL MATTERS ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES, OFFICIAL RULES AND THE PRIVACY NOTICE ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES, WITHOUT REFERENCE TO THE CHOICE OF LAW PRINCIPLES THEREOF. ENTRANT FURTHER AGREES THAT ANY LEGAL SUIT, ACTION, PROCEEDING, DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES AND THESE OFFICIAL RULES, AND THE PRIVACY NOTICE SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF ILLINOIS LOCATED IN DUPAGE COUNTY OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

          9. WINNERS LIST: For the names of all Winners, available after February 12, 2024, send a self-addressed, stamped envelope to: 1200 Bryn Mawr Ave, Itasca, IL 60143.

          10. PRIVACY NOTICE: BY ENTERING INTO THIS SWEEPSTAKES, ALL ENTRANTS ACCEPT AND HEREBY AGREE TO TONY’S FINER FOODS ENTERPRISES, LLC’S PRIVACY POLICY (“PRIVACY POLICY”) AVAILABLE ONLINE AT [https://www.tonysfreshmarket.com/privacy-policy].

          11. CONTACT US: If you have any questions, comments, requests or concerns about this Sweepstakes, you may contact Sponsor at:

          Tony’s Fresh Market
          1200 Bryn Mawr Ave
          Itasca, IL 60143
          Privacy Inquiry: https://www.tonysfreshmarket.com/privacy-policy 
          Toll-free Number: 630-735-6760

          12. MANDATORY ARBITRATION: As a condition of participating in this Sweepstakes, except where prohibited by law, you agree that any dispute, claim, or controversy arising out of or relating to the Sweepstakes, the award of a prize, or the breach, termination, enforcement, interpretation, or validity of the Official Rules, shall be submitted to and determined by JAMS exclusively on an individual, non-class basis pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. For the avoidance of doubt, you agree that any and all disputes, claims, and causes of action arising out of or related to this Sweepstakes or any prize awarded shall be resolved individually and not in the form of any class action or other form of representative action. You agree that, as a condition of participating in this Sweepstakes, you and all Entrants waive any right to bring any action arising from or related to the Sweepstakes or the award of a prize as a class or other representative action.

          The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced commercial and contract law arbitrator.  The Sponsor shall bear the cost of the arbitration, including the compensation of the Arbitrator and all administrative expenses.  The parties may be represented by their own attorneys in the arbitration proceeding and, except as may otherwise be required by law, shall be responsible for their own attorneys’ fees and costs incurred in presenting their case to the Arbitrator. The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted, provided, however, that the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits, or any other relief waived under this Sweepstakes.  In addition, each of the parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive. The Arbitrator shall render a written award within thirty (30) days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having jurisdiction. This provision, however, shall not preclude the parties hereto from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including preliminary injunctive relief.

          13. VOID WHERE PROHIBITED:  The Sweepstakes is void where prohibited.  All federal, state and local laws apply to the Sweepstakes.  Decisions regarding all matters relating to the Sweepstakes that are not addressed in these Official Rules shall be made by Sponsor in its sole and absolute discretion, and each Participant agrees that all such decisions shall be binding and final. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes at Sponsors’ sole and absolute discretion. Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.

          14. SPONSOR:  Tony’s Finer Foods, 1200 Bryn Mawr Ave, Itasca, IL 60143. This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Facebook, Inc. or Instagram, Inc.