Olé Mexican Foods – La Banderita Viva La Fiesta – Win $24 each consisting of the following items 1.

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LA BANDERITA®
“VIVA LA FIESTA SWEEPSTAKES”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
Purchase does not increase chances of winning.
La Banderita “Viva La Fiesta Sweepstakes” (the “Sweepstakes”) begins at 12:01 AM Pacific Daylight Time
(“PT”) April 19, 2021 and ends at 11:59 PM PDT August 31, 2021 (the “Sweepstakes Period”).
Administrator’s (defined below) computer is the official time keeping device for the Sweepstakes.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 48 contiguous United States
(excludes Alaska, Hawaii and all United States territories and possessions), who are eighteen (18) years of
age or older as of April 19, 2021. Employees of Olé Mexican Foods, Inc. [6585 Crescent Dr, Norcross, GA
30071] (the “Sponsor”), Reason Media [14144 Ventura Blvd, STE 301 Sherman Oaks, CA 91423], an
independent marketing and judging organization (the “Administrator”) or any other company or individual
involved with the design, production execution or distribution of the Sweepstakes or their related entities,
distributors, affiliates, subsidiaries, advertising and promotion fulfillment agencies, retailers, and their
immediate family members (spouse, parents and step-parents, siblings and step-siblings, and children and
step-children) and/or household members (people who share the same residence) of such employees are
not eligible(the “Sweepstakes Entities”). Void in Alaska, Hawaii, all United States territories and possessions
and where prohibited by law.
2. HOW TO ENTER: There are two (2) methods of entry: i) Website: During the Sweepstakes
Period access Sponsor’s promotional microsite (http://www.olemex.com/vivalafiesta) and submit the
registration form, including complete name, valid email address, company name, birth date, valid residential
mailing address (including city, state, and zip code), and phone number (including area code); ii) Mail-in
Entry Form: Entrants may also enter by printing their complete name, valid residential mailing address
(including city, state, and zip code), telephone number (including area code), valid email address, and birth
date on a 3″ x 5″ postcard and mailing to: La Banderita “Viva La Fiesta” Sweepstakes, 6585 Crescent Dr,
Norcross, GA 30071. Online entries via the Sponsor’s website or via mail-in entries must be received by
11:59 PM PDT on September 6, 2021.
LIMIT OF ONE SWEEPSTAKES ENTRY PER PERSON, PER HOUSEHOLD, PER EMAIL
ADDRESS, PER SWEEPSTAKES PERIOD REGARDLESS OF THE METHOD OF ENTRY.
Entries must include all required information. Any entry or submission containing incorrect, incomplete, or
illegible information, or which is sent from an invalid email address, will be disqualified. Sponsor,
Administrator, and Sweepstakes Entities are not responsible for lost, late, misdirected, incorrect, illegible,
incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not
expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical
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error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any
required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone
provider, network computer online systems, computer equipment, servers, or software, including any injury
or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this
Sweepstakes; or the failure to capture any such information or effects of hackers or failure of any electronic
equipment, computer, phone line or cellular transmissions and/or network connections; all of which shall
be disqualified. Should the Sweepstakes become infected by a virus, tampering, unauthorized intervention,
fraud, technical failures or other causes that in Sponsor’s sole opinion corrupt or affect the security,
administration, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its
sole discretion to cancel, terminate, modify or suspend the Sweepstakes and/or disqualify any individual
who tampers with the entry process and to select winners from eligible, non-suspect entries received prior
to the event requiring such modification or termination of the Sweepstakes. In the event of a dispute
regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted
by the natural person in whose name the email account is registered with the appropriate domain name
holder, as determined by Sponsor. The email account holder must be eligible according to these Official
Rules. Proof of being the authorized email account holder may be required. Sponsor reserves the right in
its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation
of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate
operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by
law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that
provision. Entries and entry information become the property of Sponsor and will not be returned. By
participating in the Sweepstakes, Entrant hereby agrees to Sponsor’s collection and usage of Entrant’s
personal information and acknowledges that Entrant has read and accepted Sponsor’s Privacy Policy,
available at http://www.olemex.com/PrivacyPolicy.
By participating and submitting an entry, Entrant agrees that Sponsor, Administrator, and the Sweepstakes
Entities are authorized to contact Entrant using the information provided by Entrant, including by telephone,
email, or mail to make Entrant aware of information pertinent to the Sweepstakes and to distribute
information regarding the Sponsor’s products, special events or promotional offers. Entrants may opt-out
of any further email communication at any time by following the provided opt-out instructions. Any available
opt-in opportunities are not required to enter the Sweepstakes and checking the opt-in boxes will not
improve your chances of winning.
3. PRIZES: The Sweepstakes will award La Banderita Viva La Fiesta Prize Packs as Grand Prizes (“Prizes”)
(estimated retail value (“ERV”): $24 each, consisting of the following items:
1. One (1) La Banderita Viva La Fiesta apron / ERV: $10.00
2. One (1) La Banderita Viva La Fiesta tortilla warmer / ERV: $10.00
3. One (1) bag of limited-edition La Banderita Totopos / ERV: $4.00
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Any costs and incidentals not specified herein are the Prize winner’s sole responsibility. If a potential Prize
winner cannot accept the Prize as stated, that Prize may be forfeited in its entirety and awarded to an
alternate winner.
No substitutions, cash equivalents or transfers for the Prizes permitted except at the sole discretion of
Sponsor, who reserves the right to substitute a Prize (or Prize component) with one of comparable or
greater value in the event of unavailability. The Prize is non-refundable for cash and non-changeable once
issued. In the event that a Prize component is not available for any reason, then remaining elements of Prize
shall constitute full satisfaction of Sponsor’s Prize obligation to a person who is awarded a Prize (“Winner”)
and no additional compensation will be awarded. Prize(s) will not be replaced if lost by Winner. Any
depictions of Prize (or Prize elements) are for illustrative purposes only. Winner is responsible for any and
all expenses and taxes not included in the Prize package, including, but not limited to, Federal, state and
local taxes.
4. WINNER SELECTION AND NOTIFICATON: One (1) Winner of the Sweepstakes will be
selected in a random drawing under the supervision of the Sponsor each week of the Sweepstakes Period
and, at the discretion of Sponsor, possibly for a longer period if Prizes remain. Winners will be notified via
email (“Prize Notification”) to the email address provided upon entry within five (5) days following the
drawing. Prize Notifications will provide instructions for how to claim Prizes. Sponsor shall have no liability
for a Winner’s failure to receive a Prize Notification due to a Winner’s spam, junk email or other security
settings, or for a Winner’s provision of incorrect or otherwise non-functioning email address. All Winners
must meet all eligibility requirements including the execution and submission of all necessary releases and
documentation (as described below).
If a selected Winner cannot be contacted via email, fails to claim the Prize within fifteen (15) days from the
time the Prize Notification was sent, or otherwise is determined to be ineligible, any Prize may be forfeited
and an alternate Winner selected.
The receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any
and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY
WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S
DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL
BE IMMEDIATELY TERMINATED.
The decisions of the Administrator and Sponsor will be final and binding and cannot be appealed.
5. PRIZE ELIGIBILITY; VERIFICATION OF POTENTIAL WINNERS: To be eligible for a
Prize, each Winner shall: (1) complete and submit an Affidavit of Eligibility & Liability/Publicity Release
(“Affidavit and Release Form”) within five (5) days of receiving a Prize Notification in the manner instructed
by the Sponsor or Administrator; (2) pay all applicable taxes (including, but not limited to, all local, state
and federal taxes) on any Prize awarded; and (3) if requested, present a copy of a valid driver’s license,
passport, military photo identification card to confirm the Winner’s identity and legal residency.
Potential winners must continue to comply with all of the terms and conditions of these Official Rules and
winning is contingent upon fulfilling all of the requirements.
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6. CLAIMING PRIZES/RELEASES: Eligibility, age and all claims made by a potential Winner is subject
to verification. Sponsor is not responsible for fraudulent mail sent to Entrants not by Sponsor. If a potential
Winner cannot be reached after a reasonable effort has been exerted, or if a potential Winner is found to
be ineligible, an alternate Winner may be selected in Sponsor’s sole discretion. If the Prize or Prize
Notification is returned as undeliverable or if the potential Winner fails to respond to notification attempts,
the potential Winner may be disqualified, and an alternate Winner may be selected in Sponsor’s sole
discretion. In the event the Winner declines the Prize or Winner fails to submit completed releases and
forms (as described herein), Sponsor may elect, in its sole discretion, to select an alternate Winner. If a
dispute arises regarding who submitted an online entry, the entry will be deemed submitted by the legitimate
holder of the email account as determined by Sponsor. Potential Winner must complete and submit an
Affidavit of Eligibility/Prize Acceptance/Liability and (where legally permissible) Publicity Release Form,
except where prohibited by law, within five (5) days of receipt of same. By accepting any Prize, Winner(s)
consent to the use of Winner'(s) and names, photographs and likenesses, without additional compensation,
for advertising, trade and promotional purposes in all media, whether now known or hereafter devised, in
perpetuity, throughout the Universe except where prohibited by law. If a selected potential Winner fails to
comply with the official rules and/or to submit required documentation within the designated period, the
Prize will be forfeited and an alternate Winner may be selected at Sponsor’s sole discretion. By accepting a
Prize, a Winner further acknowledges that the Sweepstakes Entities have neither made, nor are in any
manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or
in law, relative to Prize or Prize suppliers or to any portion thereof, including but not limited to its quality,
merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible
or liable for its failure to contact potential Winner(s) due to an incorrect, out of date or undeliverable email
address or telephone number. Entrants should be sure to update their user accounts regularly with their
correct contact information so that they will be able to receive prizes if selected as a potential Winner. A
potential Winner, who fails to notify Sponsor with any complaint or problem within three (3) days after
attempted Prize Notification, forfeits their right to do so.
7. ODDS: The odds of winning a Prize from the Sweepstakes depend upon the total number of eligible
Entries (as determined by the Official Rules) received during the Sweepstakes Period.
8. GENERAL RULES AND REGULATIONS: By entering the Sweepstakes, Entrants agree to waive
any rights to claim ambiguity with the Official Rules. All Entrants further acknowledge that if they are chosen
as a Winner, certain of their personally identifying information may be disclosed to third parties at least as
required by law including, without limitation, Winner’s name on a “Winners’ List.” The Winner’s name will
be kept on file for two (2) years after the end of the Sweepstakes. Decisions made by Sponsor in relation
to this Sweepstakes are final and binding in all matters, including, without limitation, interpretation of these
Official Rules and the awarding of the Prize, and cannot be appealed. By entering, Entrants agree to release
the Sponsor, Administrator and Sweepstakes Entities from any and all liability, claims or actions of any kind
whatsoever for injuries, death, damages or losses to persons and property which may be sustained in
connection with the receipt, ownership, use or misuse of the Prize, or while preparing for, participating in,
utilizing and/or traveling to any Prize-related activity (if any), including any indirect, incidental, consequential
or punitive damages. Sponsor, Administrator and Sweepstakes Entities expressly disclaim any responsibility
or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent
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use, malfunction, availability, and delay in delivery of the Prize awarded. Sponsor, Administrator and
Sweepstakes Entities shall not be liable to Winner or any other person for failure to supply the Prize or any
part thereof, by reason of any acts beyond the reasonable control of Sponsor typically defined as acts of
force majeure (including but not limited to acts of God, any action(s), regulation(s), order(s) or request(s)
by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s)
or request(s) prove(s) to be invalid), equipment failure, technical difficulties, terrorist acts, earthquake,
tsunami, derechos, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute
or strike (whether legal or illegal), lock-out, labor or material shortage, transportation interruption of any
kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole
control [“Force Majeure”]). Sponsor, Administrator and Sweepstakes Entities shall not be responsible for
any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s)
or other transportation companies or any other persons providing any of these services, if applicable.
Sponsor, Administrator and Sweepstakes Entities shall not be liable for any loss or damage to baggage, if
applicable. The Sweepstakes Entities, Administrator nor Sponsor do not make any warranty, representation
or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without
limitation, quality, merchantability or fitness for a particular purpose. Sponsor may modify, rescind, cancel
or revoke the Sweepstakes at any time in their sole discretion without notice or liability. Entrants who
attempt to tamper with this Sweepstakes in any way shall be disqualified. All federal, state and local laws
and regulations apply. Additional restrictions may apply. Any attempt to deliberately damage the
Sweepstakes or operation of the Sweepstakes is unlawful and subject to legal action by Sponsor,
Administrator and/or Sweepstakes Entities who may seek damages to the fullest extent permitted by law.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination,
to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the
Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person. Without limitation of the foregoing, any use of software or hardware,
including without limitation, a program, mechanism, system, robot, “bot”, macro or other artificial device,
process and/or other system (collectively defined as “Manipulation”) is strictly prohibited. Sponsor may
suspend or discontinue the Sweepstakes if, in its sole opinion, there is any actual or suspected tampering of
the Sweepstakes, or any other malfunction, event or activity that may affect the integrity of the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to terminate any Entrant’s participation in the Sweepstakes
whom Sponsor suspects have engaged in any Manipulation. False or deceptive Entries or acts, as determined
by Sponsor, in its sole discretion, will render the Entrant ineligible for the entire Sweepstakes. Sponsor
reserves the right, in its sole discretion, to suspend or cancel or modify the Sweepstakes at any time if a
computer virus, bug, malfunction, Manipulation or other technical problem, regardless of the cause, affects,
compromises, or corrupts the administration, security, or proper play of the Sweepstakes. Notice of
cancellation will be posted at the Olé Mexican Foods “La Banderita Viva La Fiesta Sweepstakes” page. Prizes
that are not obtained through authorized legitimate methods, or are the result of Manipulation, mechanical,
electronic, digital or computer or other error, are void. No more than the stated number of prizes in these
Official Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to,
events of Force Majeure and other events not within the reasonable control of Sponsor, Administrator
and/or Sweepstakes Entities) Sponsor cannot continue the Sweepstakes, Sponsor may, in its sole discretion,
cancel this Sweepstakes or extend the Promotion Period. Participation in the Sweepstakes constitutes
Entrant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules.
Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term
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contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official
Rules does not constitute a waiver of that provision or of the Official Rules generally.
SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT
OF AN IRREGULAR ENTRY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR
FUNCTION OF THIS SWEEPSTAKES.
9. Release of Liability; Limitation of Liability: By participating in the Sweepstakes, Entrant agrees
that Sponsor, Administrator and Sweepstakes Entities, their respective shareholders, officers, directors and
employees, and their agents, representatives, parent companies, affiliates, subsidiaries, related companies,
advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Parties”) are not
responsible for and shall not be liable for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, misdirected or
otherwise undeliverable electronic mail, mail, or postage-due notices, release forms, affidavits or other
correspondence;
b) potential winner’s unsuccessful efforts to claim any Prize;
c) any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions,
slowdowns, failures, or difficulties of any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error;
f) any condition caused by events beyond the reasonable control of the Sponsor that may cause the
Sweepstakes to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without limitation, personal injury, death and
property damage arising in connection with or as a result of the acceptance, possession, or use of a Prize,
or from participation in the Sweepstakes;
h) any unauthorized Sweepstakes plays or Manipulation by a person;
i) any printing or typographical errors in any materials associated with the Sweepstakes, or errors
attributable to a malfunctioning Prize notice or pop-up window associated with the Sweepstakes;
j) any claims based on publicity rights, likeness, defamation or invasion of privacy;
k) any claims involving the laws of tort; or
l) any damage to any Entrant’s (or any third person’s) computer and/or its contents related to or resulting
from any part of this Sweepstakes.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
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EXEMPLARY, TREBLE OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH AN
ENTRANT’S: (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS SITE(S) (2) DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE(S), (3) PARTICIPATION IN
THE SWEEPSTAKES AVAILABLE ON THE SITE(S) OR (4) ACCEPTANCE OF ANY PRIZE OR (5)
PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING
THE FOREGOING, EVERYTHING ON THE SITE(S), INCLUDING WITHOUT LIMITATION, THE
SWEEPSTAKES ON THE SITE(S), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED
WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
ENTRANT. ENTRANT SHOULD CHECK ENTRANT’S LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. ARBITRATION OF DISPUTES (“AGREEMENT TO ARBITRATE”): BY
PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE THAT ANY DISPUTE, CLAIM, OR
CONTROVERSY ARISING OUT OF RELATING TO THE SWEEPSTAKES, PRIZE, OFFICIAL RULES, OR
WEBSITE WILL BE SETTLED IN BINDING ARBITRATION BETWEEN YOU AND SPONSOR,
ADMINISTRATOR, AND SWEEPSTAKES ENTITIES—NOT IN A COURT OF LAW. THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS
OBLIGATION TO ARBITRATE.
UNLESS OTHERWISE AGREED TO IN A SIGNED WRITING BY YOU AND SPONSOR,
ADMINISTRATOR, AND SWEEPSTAKES ENTITIES: (1) YOU WAIVE THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,
COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING OR AN ATTORNEY GENERAL
ACTION; AND (2) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
ENTRANT’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR
PROCEEDING. NOTWITHSTANDING THE FOREGOING, ALL PARTIES RETAIN THE RIGHT TO
BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AS APPLICABLE AND THE RIGHT TO
SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO
PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION
OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER
INTELLECTUAL PROPERTY RIGHTS.
THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY
TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ENTRANTS.
IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS
PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND
ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN
COURT, SUBJECT TO ANY PARTY’S RIGHTS TO APPEAL THE COURT’S DECISION. ALL OTHER
CLAIMS WILL BE ARBITRATED.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”) UNDER ITS RULES AND PROCEDURES, INCLUDING THE AAA’S CONSUMER ARBITRATION
RULES (AS APPLICABLE), AS MODIFIED BY THIS AGREEMENT TO ARBITRATE. THE AAA’S RULES
ARE AVAILABLE AT WWW.ADR.ORG. THE AAA’S RULES WILL DETERMINE THE NUMBER OF
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ARBITRATORS THAT MAY PRESIDE OVER AN ARBITRATION CONDUCTED UNDER THIS
AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND
TO THE OTHER(S), BY CERTIFIED MAIL, A COMPLETED FORM NOTICE OF DISPUTE. IF THE PARTIES
ARE UNABLE TO RESOLVE THE CLAIMS DESCRIBED IN THE NOTICE WITHIN THIRTY (30) DAYS
AFTER THE NOTICE IS SENT, YOU OR SPONSOR, ADMINISTRATOR, AND THE SWEEPSTAKES
ENTITIES MAY INITIATE ARBITRATION PROCEEDINGS. A FORM FOR INITIATING ARBITRATION
PROCEEDINGS IS AVAILABLE ON THE AAA’S WEBSITE AT WWW.ADR.ORG. IN ADDITION TO
FILING THIS FORM WITH THE AAA IN ACCORDANCE WITH ITS RULES AND PROCEDURES, THE
PARTY INITIATING THE ARBITRATION MUST MAIL A COPY OF THE COMPLETED FORM TO THE
OPPOSING PARTIES.
THE ARBITRATION HEARING WILL BE HELD IN GWINNETT COUNTY, GEORGIA. IF THE VALUE
OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR SPONSOR, ADMINISTRATOR, AND THE
SWEEPSTAKES ENTITIES MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE
OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION WILL BE BINDING ON YOU
AND THE SWEEPSTAKES ENTITIES, SUBJECT TO THE ARBITRATOR’S DISCRETION TO REQUIRE
AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. IN CASES WHERE AN IN-PERSON
HEARING IS HELD, PARTIES MAY ATTEND BY TELEPHONE, UNLESS THE ARBITRATOR REQUIRES
OTHERWISE.
THE ARBITRATOR WILL DECIDE THE SUBSTANCE OF ALL CLAIMS IN ACCORDANCE WITH THE
LAWS OF THE STATE OF GEORGIA WITHOUT RESPECT TO CONFLICTS OF LAWS DOCTRINES,
INCLUDING RECOGNIZED PRINCIPLES OF EQUITY, AND WILL HONOR ALL CLAIMS OF PRIVILEGE
RECOGNIZED BY LAW. THE ARBITRATOR IS NOT BOUND BY RULINGS IN PRIOR ARBITRATIONS
INVOLVING DIFFERENT ENTRANTS. THE ARBITRATOR’S AWARD IS FINAL AND BINDING.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION THEREOF.
PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE
AAA’S RULES. UNLESS OTHERWISE DETERMINED BY THE ARBITRATOR, EACH PARTY WILL BE
RESPONSIBLE FOR THEIR OWN FEES.
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability
of any other provision.
11. RULES/WINNERS LIST: For a copy of the rules and/or the winners list, send a request and a
self-addressed, stamped envelope to: La Banderita Viva La Fiesta Sweepstakes “Rules”/”Winner’s List”
(specify which), Olé Mexican Foods, Inc. 6585 Crescent Dr, Norcross, GA 30071. Requests must be
received by September 6, 2021. The Official Rules will be accessible from the Olé Mexican Foods “Viva La
Fiesta Sweepstakes” page during the Sweepstakes Period. The Winner’s name may be posted on the Olé
Mexican Foods “Viva La Fiesta” page.
12. FACEBOOK/INSTAGRAM: THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED,
OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM. ENTRANT
INFORMATION IS BEING COLLECTED AND USED BY SPONSOR, NOT BY FACEBOOK OR
INSTAGRAM. YOU AGREE THAT FACEBOOK AND INSTAGRAM ARE NOT AND WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, TREBLE OR PUNITIVE DAMAGES
ARISING OUT OF OR IN CONNECTION WITH AN ENTRANT’S PARTICIPATION IN THE
SWEEPSTAKES.