Announcements

GELSON’S EXPERIENCE CYRANO SWEEPSTAKES OFFICIAL RULES

GELSON’S EXPERIENCE CYRANO SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Sweepstakes Entry Period. The “Sweepstakes Entry Period” begins at 12:00:01 A.M. Pacific Standard Time (“PST”) on January 24, 2022 and ends at 11:59:59 P.M. PST on February 28, 2022.

2. Eligibility. The Gelson’s Experience Cyrano Sweepstakes (“Sweepstakes”) is open only to legal residents of California (“Eligibility Area”), who are at least 18 years of age at the time of entry. Void outside Eligibility Area and where prohibited or restricted by law. Employees, officers, directors, members, managers, agents and representatives and their immediate families or members of their household (i.e., spouse, partner, parents, children, siblings, legal guardians, in-laws, grandparents and grandchildren, regardless of where they live) of Gelson’s Market (“Sponsor”), Metro-Goldwyn-Mayer Studios Inc. and United Artists Releasing d/b/a Mirror Releasing, LLC (collectively, “Studio”), Element London Limited (“Prize Partner”) or each of their respective partners, affiliates, subsidiaries, parent companies, divisions and advertising, promotion, public relations agencies (collectively, “Promotion Entities”), are not eligible to enter or win. Studio and Prize Partner are not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes, the selection of the winner. Studio is also not responsible for the fulfillment of the prize. Entrants are supplying their information to Sponsor and not to Studio or to Prize Partner; but, as set forth in Rule 12 below, Sponsor may share entrants’ information with Studio and/or Prize Partner unless entrant opts-out.

3. How to Enter. During the Sweepstakes Entry Period, an eligible person may enter as follows, with a limit of one (1) entry per person, regardless of entry method: go online to www.gelsons.com, complete the official entry form. Must have access to the internet to enter.

Only complete and valid entries will be eligible. By entering the Sweepstakes, each entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Eligible entrants agree that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and entrants agree to be bound by all decisions and interpretations made in good faith by the Sponsor.

All entries become property of Sponsor and will not be acknowledged or returned. Entries that are late, incomplete, garbled/jumbled, illegible, misdirected, lost, damaged, delayed, stolen, postage due or otherwise not in compliance with these Official Rules are void. Entries made by any other individual or any entity, and/or originating at any other website or Email address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Promotion Entities are not responsible for technical failures of any kind, including, but not limited to, electronic malfunctioning of any telephone network, computer hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any fraudulent entries or any individual it finds tampering with the operation or entry process of the Sweepstakes or acting in violation of these Official Rules. If, for any reason, an entry is determined by Sponsor to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is a replacement entry in the Sweepstakes, if feasible; if not feasible for any reason, Sponsor shall not have any liability to entrant in conjunction with same.

4. Winner Selection. On or about March 7, 2022, Sponsor will randomly select one entry, from all eligible entries received to receive the below defined prize (“Prize”). Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. If the potential winner does not respond within five (5) business days of the first notification attempt, is found to be ineligible, does not comply with these Official Rules or declines to accept the prize, the potential winner may be disqualified in Sponsor sole discretion, and in such case Sponsor may select an alternate winner based on a random drawing.

5. Prize. The Prize consists of one (1) of the following: (a) a trip to Paris, France; or (b) a trip to Sicily, Italy, or (c) a trip to Napa Valley, California, the elements of which are described below.

a. Description of Prize Options:

(1) Trip to Paris, France: 4-day/3-night trip for winner and one (1) guest to Paris, France. Approximate Retail Value: $4,995.00. 4- day/3-night trip for winner and one guest to Paris, France includes (i) round-trip coach air transportation for two (2) persons between international airport within the Eligibility Area nearest the winner’s home to Paris, France - the winner and his/her guest must travel together on the same itinerary; (ii) luxury accommodations in historic mansion hotel (single room, double occupancy) for three (3) nights, with daily breakfast; (iii) ground transportation between hotel and Paris airport; (iv) one (1) champagne† picnic lunch (including saucisson [sausage], quiche, salad and dessert) for winner and guest by the Eiffel Tower (weather permitting); (v) one (1) dinner for winner and guest at a top-rated restaurant in Paris to be determined by Prize Partner (maximum value of €200 including gratuity, with no reimbursement of any unused amount); (vi) wine tasting† at wine cellar designated by Prize Partner (four [4] wines to be sampled; specific varieties/vintages to be determined by entity conducting wine tasting at its sole discretion); (vii) two (2) tickets to a show at a historic theater designated by Prize Partner (specific show to be selected by winner from shows offered by designated theater at time of travel, subject to availability; winner may not receive his/her first choice of show; winner and guest must attend same show; ticket type and seat location at show to be determined by Prize Partner; tickets are not re-sale and are subject to terms/conditions of use as provided therewith).

(2) Trip to Sicily, Italy: 4-day/3-night trip for winner and one (1) guest to Catania, Sicily, Italy. Approximate Retail Value: $4,995.00. 4- day/3-night trip for winner and one guest to Catania, Sicily, Italy includes (i) round-trip coach air transportation for two (2) persons between international airport within the Eligibility Area nearest the winner’s home to Catania, Sicily, Italy. The winner and his/her guest must travel together on the same itinerary; (ii) accommodation: 3 nights’ luxury accommodation in 17th Century castle hotel in Calatabiano, Catania (single room, double occupancy), with daily breakfast; (iii) Noto UNESCO World Heritage Site Walking Tour: (2 hours), includes professional guide; (v) dinner at rooftop restaurant in Noto (maximum value of €100 EUR including gratuity, with no reimbursement of unreimbursed amount); (vi) couples’ massage at hotel spa, includes 50-minute massage per person; (vii) subcompact (or equivalent) rental car for 4 days, to be collected/dropped off at Catania airport, including GPS hire.

(3) Trip to Napa Valley, California: 4-day/3-night trip for winner and one (1) guest to Napa Valley, California. Approximate Retail Value: $4,995.00 4- day/3-night trip for winner and one guest to Napa Valley, California includes (i) roundtrip coach air transportation for two (2) persons from winner’s nearest major US airport to Sonoma County Airport, CA; (ii) roundtrip airport transfers from Sonoma County Airport to Napa, Napa Valley, California; (iii) 3 nights’ luxury accommodation in a mansion hotel in Napa, Napa Valley, California (single room, double occupancy), with daily breakfast; (v) ‘Welcome Basket’ on arrival includes a picnic basket, 2 x luxury robes and slippers, a bottle of wine†, 2 x wine glasses, and a box of chocolate truffles infused with wine; (vi) 1 Bottle of Napa Valley champagne† and chocolate dipped strawberries on arrival; (vii) private wine tasting† tour (6 hours) includes private driver, all tasting fees, and a picnic lunch which includes a selection of savory and sweet foods, linens, tableware and fresh flowers; (viii) 1-hour Swedish massage per person provided either in room or in the downstairs parlor, depending on room availability.

b. Additional Terms Applicable to All Prizes:

(1) To the extent that a Prize includes alcohol, participant must be of legal age in the jurisdiction of consumption in order to partake in the alcohol-related activity. Consumption of alcohol is at the sole risk of winner and guest, with winner/guest assuming any and all liability under any legal theory for any injury, property damage or other adverse consequence resulting therefrom. Valid government-issued photo identification establishing age is required as a precondition to provision of alcohol beverages. For wine tasting and dinner elements of prize, provision of alcohol beverage is subject to server’s determination in his/her independent, professional judgment that winner/guest has not already consumed too great a quantity of alcohol so as to pose a danger of harm to him/herself, others or any property. If winner/guest does not qualify to, or chooses not to, accept alcohol beverages for any reason, no compensation or substitute prize element will be awarded.

(2) No substitution or cash redemption of Prize, or any portion thereof, is allowed, except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute Prize (in whole or in part) with another prize/prize component of equal or greater value. Sponsor is not responsible for any inability of winner to accept or use Prize (or any portion thereof) for any reason. No more than the stated number of Prizes (that is, one [1] Prize) will be awarded. Winner is solely responsible for all unspecified costs and expenses associated with Prize acceptance and use. Prize is awarded “as is” with no warranty, representation or guarantee of any kind by Sponsor. Transfer of Prize is not permitted without the permission of Sponsor which may be granted or withheld in its sole discretion and without liability of any kind. Prize value as stated represents Sponsor’s good faith determination of approximate retail value of prize.

(3) For meal elements of trip, the menu will be determined by hotel (for daily breakfast), Prize Partner (for picnic) and restaurant (for dinner). In all cases, it is the sole responsibility of winner and/or guest to advise corresponding entity providing meal element of any dietary restrictions, with Promotion Entities disclaiming any liability for same under any legal theory.

(4) If any element of the Prize is declined or is unused by the winner, no compensation or substitute prize will be awarded.

(5) If winner chooses to accept Prize without a travel guest, the Prize will be awarded in increments appropriate for a single individual (i.e., the winner) and no compensation or substitute prize will be awarded.

(6) All travel arrangements must be made through Prize Partner. Travel (including activities comprising trip) is subject to availability and blackout dates, including the months of July and August; United States or French or Italian public holidays. Saturday night stay required; once booked with Prize Partner, travel cannot be amended or cancelled by winner. A valid credit card or debit card will be required to guarantee the room. Other restrictions also apply. Winner must provide Prize Partner with three (3) separate travel dates in three (3) separate months, which must be at least six (6) weeks in advance of departure; and, winner understands and agrees that he/she may not receive his/her first choice of travel date. Trip must be completed within eighteen (18) months of notification of winning or Prize will be forfeited. Winner and guest are solely responsible for having all necessary travel documents, including passport which is currently valid and will remain so for six (6) months from date of travel, as well as any proof of vaccination/immunization that may be required by France’s Ministry of Foreign Affairs and/or other governmental authorities (see also COVID-19 WARNING below). Winner and guest must conduct themselves at all times in a socially responsible, appropriate and well-behaved manner during the trip, including but not limited following all instructions and acting in a respectful manner toward Prize Partner personnel and other individuals during the trip. (Without limitation, the preceding includes the conduct of winner and guest when participating in the champagne picnic lunch, wine tasting and dinner elements of the prize—ANTI-SOCIAL, AGGRESSIVE OR OBNOXIOUS BEHAVIOR IN CONJUNCTION WITH THE CONSUMPTION OF ALCOHOL BEVERAGES WILL NOT BE TOLERATED; and, for dinner and theatre elements of prize, winner and guest must comply with venue’s dress code.) Should winner and/or guest fail to do so (as determined by Sponsor and Prize Partner in their sole discretion), trip will be immediately terminated for winner and/or guest, with Promotion Entities having no liability to winner and/or guest. In addition, should winner and/or guest be deemed to pose a threat to themselves, others or any property, Prize Partner and/or the entity supplying the applicable prize element further reserve the right to contact private security personnel and/or the police to address the situation in the interest of public safety.

(7) Prize is subject to terms and conditions of Prize Partner and travel service providers. Approximate Retail Value (“ARV”) of the Prize: $4,995.00. The ARV of the Prize is subject to fluctuations in airfare and the value may vary depending on the location of the departure city. Any difference in the stated ARV and the actual value of the Prize will not be awarded. All other expenses not specified herein, including flight insurance, travel insurance, meals (except as otherwise expressly indicated herein) and personal expenses are the sole responsibility of the winner. The Prize restrictions/conditions stated herein are not all-inclusive and the Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents (as defined in Rule 7 below) and/or other travel documents.

(8) COVID-19 WARNING: Winner and winner’s guest understand and agree:

(a) That prize travel carries an inherent risk of contracting COVID-19/Coronavirus, with winner and winner’s guest assuming any and all risks of illness or even death in conjunction therewith;

(b) To fully comply with all applicable government mandates (of the United States and/or France and/or Italy, as applicable, as well as any political subdivisions of any applicable country) and venue policies so as to protect against the spread of COVID-19/Coronavirus (e.g., mask-wearing, social distancing, proof of vaccination status or negative COVID 19/Coronavirus test, quarantine upon arrival in Paris/Sicily/Sonoma or upon return to U.S. city of departure); and

(c) In response to economic and/or social conditions engendered by COVID-19/Coronavirus (regardless if mandated by a governmental authority), Sponsor may be compelled to modify, postpone or even cancel outright the award of the Prize with little (if any) advanced notice, replacing same with an alternate prize of Sponsor’s sole choosing of comparable value.

6. Odds of Winning. Odds of winning the Prize depend upon the total number of eligible entries received.

7. Claiming the Prize. The potential winner will be notified by email (if provided) and/or mail and/or phone. In the event that Sponsor cannot contact the potential winner of the Prize despite reasonable (in its sole discretion) attempts, Sponsor may, in its sole discretion, randomly select a new, alternate potential winner from the remaining eligible entries received. Return of Prize or prize notification as undeliverable will result in disqualification and an alternate potential winner may be selected in Sponsor sole discretion. The potential winner will be required to complete, execute and return to the address requested an Affidavit and Liability/Publicity Release within five (5) days of receipt of the “Prize Claim Documents” (consisting of all required documents sent to winner). Winner’s travel guest must complete, execute and return a Liability/Publicity Release, within the aforementioned five (5) day period. If such Prize Claim Documents are not returned to Sponsor prior to the deadline, the Prize may be forfeited in Sponsor’s sole discretion, such potential winner may be disqualified, and an alternate winner selected by Sponsor in a subsequent random drawing from the remaining eligible entries. Except where prohibited by law, winner also grants Sponsor and its designees the right to use the winner’s full name, hometown, images and likenesses for advertising, publicity and promotion purposes, including print, broadcast and on-line announcements, without further compensation other than the Prize and at no expense to the winner, and Sponsor shall not be obligated to make any such use.

8. Taxes. Winner is responsible for all applicable local, state and federal taxes. Sponsor will issue winner an IRS 1099 Tax Form, and winner agrees to fully cooperate in complying with applicable governmental reporting requirements. The potential winner will be required to complete, sign and return to Sponsor an IRS Form W-9 prior to receiving the Prize. Failure to complete, sign and return a W-9 will result in the winner being disqualified, and in such case Sponsor may, in their sole discretion, select an alternate winner in a random drawing from remaining eligible entries.

9. General. Each entrant agrees to, accepts and shall abide by these Official Rules and agrees that any disputes shall be resolved by Sponsor, in its sole discretion. Sponsor reserves the right to cancel/terminate, modify, amend or suspend the Sweepstakes if in Sponsor sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including without limitation due to tampering, unauthorized intervention, fraud, or force majeure (including but not limited to pandemic/epidemic including any governmental regulation or business decision made by Sponsor in good faith in conjunction therewith) or any other causes beyond Sponsor control. Sweepstakes void where prohibited or restricted. If any provision of this Sweepstakes shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Promotion Entities are not responsible for any typographical or other errors in the printing of these Official Rules, administration of this Sweepstakes or in the announcement of the winner or Prize, and are not responsible for computer malfunctions. In the event this Sweepstakes is cancelled for any reason, Sponsor reserves the right to conduct a random drawing to award the Prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. Notice of such action by Sponsor will be posted on www.gelsons.com. Promotion 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 of God, epidemic, pandemic, 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, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Promotion Entities’ control, as applicable (each a force majeure event). The Promotion Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the companies or any other persons providing any of the services and accommodations to winner or other persons including any results thereof such as changes in services or accommodations necessitated by the same or a force majeure event. The Promotion Entities shall not be liable for any loss or damage to luggage or baggage.

10. GOVERNING LAW/DISPUTES/ARBITRATION: As part of these Official Rules, you and Sponsor each agree as follows (the “Arbitration Agreement”):

Any claim or controversy arising out of or relating to these Official Rules, your participation in the Sweepstakes or your receipt or use of any prize (including the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. THE PARTIES WAIVE THEIR RIGHTS TO FILE SUIT IN COURT TO ASSERT ANY ALLEGATION, CLAIM, OR CAUSE OF ACTION AGAINST THE OTHER, OR TO HAVE A JURY TRIAL ON ANY ALLEGATION, CLAIM, OR CAUSE OF ACTION, AND ANY RIGHT TO DO SO (INCLUDING THE RIGHT TO A JURY TRIAL) IS HEREBY WAIVED. Notwithstanding the foregoing, you and Sponsor retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Sponsor retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.

Any claim or controversy arising out of or relating to these Official Rules (including this Agreement to Arbitrate), your participation in the Sweepstakes, or your receipt or use of any prize shall be governed by the procedural and substantive laws of the State of California, without reference to its choice-of-law rules. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Los Angeles County, California. In the event this venue will cause undue hardship to you, then, in the discretion of the arbitrator, the arbitration may be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.

Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.

All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.

Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.

The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.

If any portion of this Agreement to Arbitrate is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Agreement to Arbitrate will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this agreement.

THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

11. Release. By participating, each entrant agrees to hold harmless the Promotion Entities, their affiliates and their respective employees, officers, directors, shareholders, representatives, agents, successors and assigns, from any liability whatsoever, and waive and release such parties from any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) arising out of or in connection with the Sweepstakes or acceptance, possession, or use/misuse of the Prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes, whether under a theory of contract, torts (including, without limitation, negligence), warranty, or any other theory or cause of action. The preceding includes but is not limited to any claim, cost, injury, loss or damages related directly or indirectly, in whole or in part, to COVID-19/Coronavirus.

12. Privacy. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor Privacy Policy (as may be amended from time to time), currently located at www.gelsons.com; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail only with respect to the conduct of this Sweepstakes.

13. Sponsor. This Sweepstakes is sponsored by Gelson’s Market, 16400 Ventura Blvd., Suite 240, Encino, CA 91436-2123. Sponsor will provide the winner’s list upon request. To obtain the winner’s list or a copy of these Official Rules, send a self-addressed, stamped envelope to Gelson’s 2022 Experience Cyrano Sweepstakes, P.O. Box 1802, Encino, CA 91425 for receipt by April 15, 2022.