TORCHY’S 2021 QUESO-GRAM GIVEAWAY
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY FACEBOOK, INSTAGRAM OR TWITTER.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 am Central Time (“CT”) on 1/29/2021 and ends on 2/4/2021 at 11:59 am CT (the “Sweepstakes Period”). Winners will be contacted individually.
4. How To Enter: There is one (1) possible method of entry into this Sweepstakes. There is no limit of entries throughout the entire Sweepstakes Period. All entries must be in compliance with these Official Rules, including, without limitation, the Submission Guidelines (“Submission Guidelines”) detailed below. Proof of submission of entry does not constitute proof of delivery or entry during the Sweepstakes Period. All entries become the property of Sponsor and will not be returned. Multiple entrants are not permitted to share the same email address or account. Incomplete entries, entries by script, macro or other automated means, or entries that do not fully comply with these Official Rules, including without limitation, the Submission Guidelines, or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. All entries must be received during the Sweepstakes Period to be eligible. The computer clock of the administrator is the official timekeeping device.
(a) Via Instagram: An Instagram account is required for this method of entry and can be opened for free by downloading the Instagram application from the app store. Entrants must have their account settings set to public. To enter, during the Sweepstakes Period, via an Instagram account, a web-enabled mobile device (e.g., iPhone/iPad/iPod Touch, Android, etc.) (each, an “Eligible Device”), and Internet access is required for entry. If you don’t already have an Instagram account, visit http://www.instagram.com/ to create one. Please note that you must agree to comply with the Instagram Terms of Service (http://instagram.com/legal/terms/) in order to create your Instagram account. To enter, during the Sweepstakes Period, Qualifying entries must be in the form of an Instagram comment on the official Giveaway Post and must include the tag to the Instagram account of the Queso-Gram recipient.
Commenting by tagging another Instagram account constitutes your consent to these Official Rules. In the event of any dispute concerning the identity of any entrant, the relevant Entry will be deemed submitted by the authorized Instagram account holder of the Instagram account used to enter.
Submission Guidelines: Each Entry that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any Entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize.
The Entry must NOT, in the sole discretion of Sponsor:
· Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission;
· Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Sweepstakes;
· Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which participant has a limited license to use for this Sweepstakes;
· Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
· Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
· Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
· Contain material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
· Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.
6. Prize Judging Prizes/Approximate Retail Value (“ARV”): (100) Total Winners will be selected. Each winner’s prize will be awarded in the form a shipment mailed to the nominee’s address provided by the winner. Shipment will include (2) Jars of Torchy’s Tacos Green Chile Queso, (1) Bottle of Torchy’s Tacos Diablo Sauce, (1) Limited-Edition Torchy’s Tacos T-shirt. Winners will be selected at random.
7. Prize Winner Notification/Verification: The potential Prize winners must comply with these Official Rules as published in order to be confirmed as the official winner and accept the prize. Immediately following each Entry Period, Sponsor or Administrator will notify the potential Prize winner via direct message on Instagram. Upon notification or notification attempt, the potential Prize winner will be required to respond to such notification as provided, accepting the prize and providing the recipient’s physical and/or email address (as requested), for prize delivery purposes, within twenty-four (24) hours of such notification or notification attempt, or the Prize will be forfeited, and an alternate potential Prize winner will be selected/determined as outlined above. Sponsor will attempt to contact the potential prize winner two (2) times during the twenty-four (24) hour period. If in any instance, notification attempt(s) for the potential Prize winner fail for any reason, or if the potential Prize winner is found to have not complied with these Official Rules or instructions upon notification, such Prize will be forfeited and an alternate potential Prize winner will be selected/determined as outlined above. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, city, state, opinions, and prize information of the prize winner in connection with the Sweepstakes and the marketing thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensations, unless prohibited by law. Further, the Prize winner hereby indemnifies the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules.
8. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, or inaccurate Entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the selection/announcement of the Prize winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the prize will be awarded as outlined above from those Entries (explained above) and Eligible Entries (as may be applicable) received up until the time of termination. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated Entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry mechanic; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants agree that the Released Parties: (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize; and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
9. Governing Law/Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN AUSTIN, TEXAS IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION
10. Sponsor: Success Foods Management Group, LLC, DBA TORCHY’S TACOS, 4501 Springdale Rd, Austin, TX 78723