Club Publix – Q1 2021 Sweepstakes

CLUB PUBLIX SWEEPSTAKES Q1 2021
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. The Club Publix Sweepstakes Q1 2021
(the “Promotion”) is sponsored by Publix Super Markets, Inc. (“Publix”). Promotion is
only offered in the states of Florida, Georgia, North Carolina, South Carolina, Alabama,
Tennessee and Virginia (the “Promotion Area”). Void outside the Promotion Area and
where prohibited.
2. Promotion is subject to all federal, state and local laws. Publix shall be entitled to
interpret these Official Rules as needed — including but not limited to rules regarding
entries, entry or other deadlines, winner selection, prize restrictions, and eligibility — and
all its decisions are final and binding in all Promotion-related matters. By participating,
you irrevocably, fully and unconditionally agree to be bound by these Official Rules and
the decisions of Publix and waive any right to claim ambiguity in these Official Rules or
any other Promotion-related advertising or materials.
3. Promotion begins on February 4, 2021. Final entry deadline is February 24, 2021 at
11:59 PM Eastern Time (“ET”). Drawing to determine potential winners will be held on or
about March 1, 2021. Publix’s computer is the official time-keeping device for this
Promotion.
4. If required for any prize, winner will be issued an IRS Form 1099-MISC (or its
equivalent) reflecting the approximate retail value (“ARV”) of that prize, and he or
she will be solely and exclusively responsible for all state, federal or local income
taxes that may result from his or her acceptance of the prize.
ELIGIBILITY
5. To be eligible, each entrant must be at least eighteen (18) years old and a legal United
States resident living in the Promotion Area.
6. Employees, associates, officers, and directors of Publix, Merkle, Inc. f/k/a HelloWorld,
Inc. (“Merkle”), Maplebear Inc. d/b/a Instacart (“Instacart”) shoppers (whether
employees or independent contractors), any prize provider(s), any other entity directly
involved in the development or administration of the Promotion, and the members of
their immediate families (defined as spouses, parents, siblings, and children) and
households, are not eligible to enter or win. The term “household” includes all persons
residing together in a single residence, whether or not related.
7. In addition, you are not eligible to enter or win if you have won and received a
prize in any prior “Club Publix Sweepstakes” promotion.
PRIZES & ODDS
8. Grand Prizes (5): $5,000 in Publix® gift cards. ARV: $5,000.
9. First Prizes (30): $500 in Publix gift cards. ARV: $500.
10. Second Prizes (30): $250 in Publix gift cards. ARV: $250.
11. Third Prizes (75): $100 in Publix gift cards. ARV: $100.
12. The odds of winning depend on the number of entries received. Limit one (1) prize per
person. Winners are not eligible to win prizes in subsequent Club Publix
Sweepstakes promotions.
PRIZE RESTRICTIONS
13. Gift card prizes are subject to all terms and conditions thereon as well as any additional
limitations or restrictions imposed by issuer. Visit https://ww4.publix.com/gift-cards for
more information. All prize details shall be at Publix’s sole discretion. Each prize consists
only of those items specifically listed as part of the prize. Each winner assumes sole
responsibility for all expenses and incidental costs associated with the prize not explicitly
outlined above, including without limitation, all federal, state and local taxes (if any),
surcharges, and fees. Any person who wins prizes through any Publix-sponsored
promotions with cumulative value equal to or greater than $600 in a calendar year will
receive an IRS 1099 MISC Form or other required tax document(s).
14. Prizes are not exchangeable or redeemable for cash and may not be sold, bartered or
auctioned. The right to receive any prize is not transferrable. Any prize not used or
accepted by any winner is forfeited and no cash or substitute will be offered or permitted,
unless required by law. Prizes may not be substituted except that Publix in its discretion
may substitute a prize, or portion thereof, with a prize or portion of equal or greater value
if it deems necessary. Any such changes will be announced.
15. Prizes offered are provided “as is” with no warranty or guarantee either express or
implied by Publix. Publix has neither made nor is responsible or liable for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative to any prize.
Other restrictions apply.
TO ENTER
16. To enter via purchase, you must be a member of Club Publix, Publix’s personalized
membership program. Membership is free and existing Publix.com account holders have
been automatically enrolled. To join Club Publix, or for more information, visit
https://clubpublix.com. All entries are subject to Publix’s Terms of Use and Privacy
Policy, available at https://www.publix.com/publix-website-policies.
17. Entries will be accepted beginning February 4, 2021 at 12:01 AM ET and ending on
February 24, 2021 at 11:59 PM ET. There are three (3) ways to enter:
a. Purchase + Phone Number: To enter, simply make a Qualified Purchase (defined
below) at any Publix Super Market grocery store and provide the phone number
associated with your Club Publix membership when you check out at the register;
b. Purchase + Publix Pay: You must have a smartphone or compatible mobile
device to enter via this method and you will need to download the free Publix®
Pay mobile application (the “Publix Pay App”). To enter, simply make a
Qualified Purchase (defined below) at any Publix Super Market grocery store and
pay with the Publix Pay App; or
c. No Purchase Necessary: To enter without a purchase, visit
https://clubpublix.com/sweepstakes (the “Promotion Page”), complete an entry
form with all required information, which may include name, age or date of birth,
e-mail address, and street address.
These are the only methods of entry. Entries will not be accepted via U.S. mail, e-mail,
or any other method.
18. A “Qualified Purchase” must meet all the following requirements:
a. It must be made at a Publix Super Market grocery store. Purchases at non-Publix
Super Market grocery store locations (such as GreenWise Market or Publix
Liquors) are not eligible;
b. It must not be any part of an Instacart order;
c. The purchase transaction must include at least one (1) item that is not within any
Restricted Category. “Restricted Categories” shall mean age-restricted items (for
example, alcohol, tobacco, lottery tickets, etc.) and prescription items (i.e.,
medications or other items that require a prescription); and
d. All payments for purchase related entries must be completed in store. No mobile
payment method other than Publix Pay will be eligible for a Qualified Purchase.
19. IMPORTANT: DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO
PARTICIPATE IN THE PROMOTION. CURRENTLY, THE PUBLIX PAY APP ONLY
SUPPORTS IOS AND ANDROID SMARTPHONES. WIRELESS SERVICE MAY NOT
BE AVAILABLE IN ALL AREAS.
20. All entries must be received by Publix no later than February 24, 2021 at 11:59 PM ET.
Proof of sending is not proof of receipt by Publix. Publix will not accept screen shots as
proof of entry.
21. Regardless of method, limit one (1) entry per person per day. For entry limit purposes, a
“day” begins at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET. Additional entries
received from any such person thereafter will be subject to disqualification. Any use of
robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other
automated means or similar entry methods or agents (including, but not limited to,
contest-entry services or multiple or different e-mail addresses, mobile devices or phone
numbers, or the submission of false contact information under multiple or different e-mail
addresses, mobile phone numbers, identities, registrations, accounts or logins) or any
other devices or artifices to enter or encourage, directly or indirectly, multiple or false
entries are prohibited and suspected or detected entry method violations may void some
or all entries submitted by that entrant, in Publix’s sole discretion. No group submissions
will be accepted.
22. Entries must be associated with a valid Club Publix membership, e-mail address and/or
phone number for the entrant. Publix is not responsible for voice or electronic
communications that are undeliverable because of any form of active filtering of any kind
or failure to enable device to receive “push” notifications or settings that prevent receipt
of “push” notifications. If you enter online, any prize will be awarded to the name on the
online entry form. In the event of a dispute as to the identity or eligibility of a winner
based on an e-mail address or Club Publix membership, the entry will be deemed made
by the “Authorized Account Holder” of the e-mail address or Club Publix membership
used for entry. The Authorized Account Holder is the natural person who is assigned to
the Club Publix membership by Publix or to the e-mail address by the relevant Internet
access provider, online service provider, or other organization responsible for assigning
e-mail addresses for the corresponding domain. In the event of a dispute as to the
identity of any entrant, the potential winner agrees to furnish requested documentation
confirming his/her status as the Authorized Account Holder.
23. Entrants who fail to provide any required information may be disqualified without further
notification by Publix. Publix is not responsible for entries that are lost, misdirected,
undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any
reason, and all such entries are void. Publix reserves the right in its sole discretion to
disqualify any entry at any time that in its opinion does not comply with these Official
Rules. Entries become the property of Publix and will not be returned or acknowledged.
24. If you enter the Promotion online, the information that you provide in connection with the
Promotion may be used by Publix in accordance with its Privacy Policy, which is found at
http://www.publix.com/publix-website-policies#PrivacyPolicy and which may be updated
from time to time.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
25. On March 1, 2021, or within a reasonable time thereafter, Publix or its designee will
randomly choose one hundred and forty (140) names from all timely entries received.
Subject to verification of eligibility, the first five (5) persons whose names are so drawn
will be declared the potential Grand Prize winners, followed by the thirty (30) potential
First Prize winners, then the thirty (30) potential Second Prize winners, and finally the
seventy-five (75) potential Third Prize winners. Publix reserves the right to award fewer
than the stated number of prizes if it does not receive an adequate number of properly
submitted and eligible entries.
26. Publix or its designee will contact each potential winner using the information supplied
by winner at the point of entry or associated with his or her Club Publix membership.
Each winner must respond within forty-eight (48) hours of initial notification and provide
his or her full name and complete mailing address (street addresses only; no P.O. Boxes
will be accepted) and may be required to present valid photo identification and/or to
execute and return an affidavit or declaration of eligibility, liability waiver, publicity
release (where legal), tax forms and/or other legal documents (the “Verification
Paperwork”) to Publix or its designee within ten (10) days of initial notification and as a
condition of receiving prize. Publix in its sole discretion may allow for transmission of
Verification Paperwork from any or all winners via fax or e-mail. Prizes will be shipped to
verified winners via overnight delivery or U.S. mail to the addresses on winners’ entry
forms. If any prize is mailed or shipped, winner shall assume all risk of loss, damage,
theft, late or missed delivery. If applicable, Publix, in its sole discretion, may permit a
verified winner to authorize, in writing, another adult to pick up his or her prize; however,
winner must agree to release and hold Publix harmless from all liability for any prize
claimed by his or her authorized designee and winner’s designee will be required
present photo ID. Upon fulfilling any prize, Publix will be deemed to have awarded the
prize to the winner and such winner assumes full responsibility for the prize.
27. If any potential winner (a) cannot be contacted directly by, or does not respond to, Publix
or its designee within the time stated above, (b) fails to satisfy any eligibility or
verification requirement herein, (c) declines to accept the prize, or (d) is otherwise
determined to be ineligible, Publix in its discretion may disqualify that individual and an
alternate winner will be chosen by random drawing as soon as reasonably practicable
after such disqualification. Alternate winners are subject to all eligibility requirements and
restrictions of these Official Rules. Publix will conduct up to three (3) alternate winner
drawings for any prize. If Publix cannot verify a winner for any prize after three (3)
alternate winner drawings, no further drawings will be held for that prize, and that prize
will not be awarded.
28. Publix may, in its sole discretion, post the verified winners’ names on the Promotion
Page and/or any of Publix’s websites, including https://www.publix.com, and on or in any
of Publix’s social media pages or channels. Except as provided in these Official Rules or
otherwise required by law, Publix is not responsible for entering any correspondence or
discussion regarding any Promotion results.
PUBLICITY RELEASE
29. By accepting a prize, each winner agrees to award Publix the right to publicize his or her
name, photographs (including the use and appearance of his or her photograph on
Publix’s websites), likeness, biographical information, e-mail address, voice and details
of winning for purposes of this and future promotions without further compensation,
except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
30. By entering and/or accepting a prize in the Promotion, you agree that Publix, Merkle,
Instacart, any other company involved in the development or administration of this
Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters,
prize suppliers, directors, officers, employees, agents and related persons (collectively,
the “Released Parties”): (a) are not responsible for mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors, malfunctions or
failures of any kind, including but not limited to: failed, incomplete, misdirected,
corrupted, garbled or delayed transmissions, telephone connections, traffic congestion
on telephone lines, the Internet or at any website; or disconnected, interrupted, or
unavailable network, server, or other connections; or late, lost, undeliverable, damaged
or stolen mail; or other errors of any kind, whether human, mechanical, or electronic; or
entries that for any reason are not properly submitted or received by Publix by any
deadline stated above; (b) are not responsible for any incorrect or inaccurate
information, whether caused by entrants or other participants, printing, typographical or
other errors or by any of the equipment or programming associated with or utilized in the
Promotion or in the printing of this offer, administration of this Promotion, or in the
selection or announcement of the winners or prizes; (c) are not responsible for any injury
or damage to any computer, modem or other electrical device as a result of participation
in this Promotion or downloading of any software or materials; (d) are not responsible for
unauthorized human intervention in any part of the Promotion; (e) are not responsible for
any unauthorized third party use of any entry materials; (f) are not responsible for the
inability to select winners because of postal failure, equipment failure, or data storage
failure; and (g) are not responsible for any printing, typographical, technical, computer,
network or human error that may occur in the administration of the Promotion, the
acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-
related materials.
31. RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
(WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL
NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES
MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR
SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO
CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR
LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED
AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR
ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION,
AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES.
RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES
THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR
ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE PROMOTION.
32. By entering and/or accepting a prize in the Promotion, you agree to release and hold
Released Parties harmless from all alleged, existing, or future actions, claims, and/or
liabilities of whatever nature including, but not limited to, personal injury, bodily injury
(including, without limitation, wrongful death and disability), property damage, and
expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of
any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a)
your participation or inability to participate, in the Promotion or any Promotion-related or
prize-related activity; (b) the use by Released Parties (including modification, adaptation,
and reproduction) of entry materials during or after the Promotion; (c) the delivery,
acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize; and
(d) any other claim or cause of action you may have against any Released Party. If, for
any reason, any individual’s entry is confirmed to have been erroneously deleted, lost, or
otherwise destroyed or corrupted, that individual’s sole remedy is another entry, if it is
possible.
33. BY ENTERING AND/OR ACCEPTING A PRIZE IN THE PROMOTION, YOU FURTHER
AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT
OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, SHALL
BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO
ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED
WITH ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES; AND
(C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY
AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES
WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-
OF-POCKET COSTS DESCRIBED ABOVE.
34. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE
CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN
PART.
MISCELLANEOUS
35. Publix reserves the right to cancel, suspend or terminate this Promotion, or any part
thereof, if Publix determines, in its sole discretion, that the security, administration,
fairness and/or operation of the Promotion has been corrupted or impaired by any non-
authorized intervention, network failure, information storage failure, telecommunications
failure, regularly-scheduled maintenance, malfunction, or any other cause beyond
Publix’s control. In such an event, Publix will post notice of same at the Promotion Page
and select the winners at random from all non-suspect entries received prior to the
suspension, cancellation or termination of the Promotion or in such other manner as
Publix, in its sole discretion, deems fair and appropriate under the circumstances.
36. Publix reserves the right to disqualify any individual from further participation in the
Promotion if Publix concludes, in its sole discretion, that such person (a) has attempted
to tamper with the entry process or other any operation of the Promotion, (b) has
repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has
acted towards Publix or any other entrant or other participant in an unfair, inequitable,
deliberately annoying, threatening, disrupting or harassing manner. Tampering includes
attempting to enter more than the number of times permitted herein, including by using
any prohibited device or method. Any failure by Publix to enforce any of these Official
Rules shall not constitute a waiver of such Official Rules.
37. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR
DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION
MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND PUBLIX RESERVES
THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST
SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR
PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
38. All activity arising out of and relating to the Promotion, including any reference to the
status of any person as a “winner” is subject to verification and/or auditing for
compliance with the Official Rules. If Publix determines, in its sole discretion, that
verification or auditing activity evidences non-compliance of an entry and/or entrant with
the Official Rules, Publix reserves the right to disqualify such entry and/or entrant from
the Promotion and any prize at any time. Publix reserves the right to conduct a
background check on any or all potential winners and to disqualify any individual based
on such background check if Publix determines in its sole discretion that awarding a
prize to any such individual might reflect negatively on Publix. Each entrant agrees to
cooperate with Publix and its representatives in connection with all verification, auditing
and/or background check activities.
39. Publix reserves the right to correct typographical, printing or clerical errors in any
Promotion-related materials. No more than the stated number of prizes will be awarded.
If production, technical, seeding, programming or any other reasons cause more than
the stated number of prizes as set forth in these Official Rules to be available and/or
claimed, Publix reserves the right to award only the stated number of prizes by a random
drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
40. All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the entrants or other
participants or Released Parties in connection with the Promotion, shall be governed by
Florida law, without giving effect to any choice of law rules that would cause the
application of the laws of any jurisdiction other than Florida.
41. By entering and/or accepting a prize in the Promotion, you expressly (a) agree that any
legal proceedings arising out of or relating in any way to this Promotion or these Official
Rules shall be brought only in the federal or state courts located in Polk County, Florida,
and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to
any such legal proceedings.
42. In the event of any discrepancy or inconsistency between any terms or conditions of
these Official Rules and any disclosures or other statements contained in any other
Promotion-related materials, including but not limited to the Promotion entry forms, or
point of sale, television, print, mobile or online advertising, the terms and conditions of
these Official Rules shall prevail, govern and control. If any provision of these Official
Rules is determined to be invalid or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and be construed in accordance with their terms
as if the invalid or illegal provision were not contained herein.
TRADEMARKS
43. Any third-party trademarks mentioned herein are the property of their respective
trademark owners and the use or mention of any such third-party trademarks in these
Official Rules or in the Promotion is solely for descriptive purposes and shall in no way
imply an endorsement or sponsorship of the Promotion.
WINNERS’ LIST/OFFICIAL RULES
44. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or mail
a SASE to: Club Publix Sweepstakes Q1 2021 c/o Publix Super Markets, Inc., 3300
Publix Corporate Parkway, Lakeland, FL 33811, specifying either “Winners’ List” or
“Official Rules.” Winners’ List will be available after April 30, 2021.
45. Sponsor/Operator: Publix Super Markets, Inc.