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TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state, provincial, territorial, and local laws, regulations, and ordinances. By entering into the Promotion, you accept the Official Rules and these Terms and Conditions (the “Official Rules and General Terms”) and Sponsor's decisions, which are final and binding in all matters related to the Promotion.
Additional Entry Requirements, Restrictions, and Information:
Any Entrant who is older than the required age to enter the Promotion but has not yet reached the age of majority in the jurisdiction in which he/she resides will need to obtain permission from his/her parent/legal guardian in order to enter and if chosen as a winner, the applicable prize will be awarded in the name of his/her parent or legal guardian.
Employees, officers, and directors of Sponsor or any of its parents, controlled affiliates, and subsidiaries, or any of their respective representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agents or agencies, website providers, web masters involved in the creation, design, execution, production, or fulfillment of the Promotion, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win (“Affiliated Entities”).
If the Promotion is being run on a social media platform, each Entrant must be a member of the applicable social media platform and his or her account must be set to the “public” setting to participate; joining the applicable social media platform used in the Promotion is free – please visit the applicable social media platform’s website for more information on how to join.
The limit of entries is set forth in the Official Rules. If no limit is specified, limit one (1) entry per unique social media platform account or email address and per person for the Promotion during the Entry Period. Multiple participants are not permitted to share the same email address or social media platform account. Any attempt by any person to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that person’s plays and/or entries, and that person may be disqualified at Sponsor’s sole and absolute discretion.
Each Entrant must provide all required information and follow all entry rules to be eligible to enter and win. Entries that do not include the required components will not be eligible and will be disqualified. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules and General Terms may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Normal Internet access, phone, and usage charges imposed by an Entrant’s online or phone service may apply.
Affiliation: This sweepstake is not affiliated or sponsored by any social media platform or service. The Sponsor accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind. Entrants understand that the Sponsor is not responsible for the actions of any social media platform, service or any individuals that may comment on the entry. Entrants use each social media platform or service at their own risk.
Prizes: The approximate value of any prize or element thereof represents Sponsor's good faith determination. Each winner is solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes, fees (including any import fees), and surcharges imposed on the acceptance of the applicable prize. Physical elements of a prize will be delivered to a winner, at Sponsor’s cost and by post or common carrier selected by Sponsor, to the address provided by that winner. Shipped elements of a prize will not be insured and Sponsor will not assume any liability for lost, damaged or misdirected prizes or elements thereof. No substitution or exchange of any prize will be allowed, except by Sponsor, who reserves the right to substitute a prize, or component thereof, of equal or greater value in case of unavailability of a prize, or component thereof, or force majeure.
Winners: For sweepstakes, the odds of winning are based on the number of eligible entries received during the Entry Period. In no event will there be more than the stated number of winners (total and by class (e.g., grand prize, runner-up, regular, etc.)) in the Promotion. The potential winner(s) will be notified by Sponsor using a method reasonably calculated to provide actual notice (which for Promotions run on a social media platform will be by direct message via the social media platform used in the Promotion). If the potential winner(s) cannot be contacted after 24 hours after the first attempt to contact him/her, or if a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner, which will be selected in accordance with the specific selection procedures outlined in the Official Rules.
For sweepstakes, unless otherwise agreed to by Sponsor in its sole discretion, only two (2) alternate drawings will be held if a potential winner is disqualified for any reason or cannot be contacted, after which that prize will remain un-awarded. Winning a prize is contingent upon fulfilling all requirements set forth herein and an Entrant is not a winner of any prize unless and until that Entrant’s eligibility has been verified and that Entrant has been notified that verification is complete. Sponsor reserves the right to verify the eligibility of winners, whose decisions are final and binding in all matters related to the Promotion. A potential winner may be required to sign and return an affidavit of eligibility.
Content: By entering the Promotion, each Entrant agrees that the entry and any other materials submitted in connection with the Promotion may be posted on Sponsor’s website and/or other social media platforms or applications associated with the Promotion in a manner that is consistent with the Official Rules and General Terms. Entries, comments and content submitted or uploaded to any social media platforms or other public sites in connection with the Promotion (collectively, “Content”) may not contain, depict or show any content that:
- is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or pornography;
- promotes any activities that may appear unsafe or dangerous, or any political agenda or message;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age;
- contains use of firearms/weapons/ammunition, any illegal drugs, violence, or the use of alcohol or tobacco products;
- promotes gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
- defames, misrepresents or contains disparaging remarks about Sponsor, its Affiliates Entities or other companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by any third party, without permission;
- contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than an Entrant;
- communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand (including any cruelty to, or mistreatment in any way of animals);
- contains any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; or
- violates any law.
Sponsor (or any person or entity acting on behalf of Sponsor in connection with the Promotion) reserves the right in its sole and unfettered discretion to disqualify any Content that it believes is inappropriate or not suitable for publication, that does not comply with the Official Rules and General Terms, or that is not consistent with the spirit or theme of the Promotion.
Alterations or Cancelations: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of the Official Rules and General Terms shall not constitute a waiver of that provision.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules and General Terms; or to act in an unfair or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of the Official Rules and General Terms; or (b) award any prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
Limitation on Liability: By entering, you agree to release, discharge, indemnify and hold harmless the Sponsor and Affiliated Entities from and against all claims and damages or liability arising in connection with your participation and/or entry in the sweepstake and/or your receipt or use of any prize awarded in this sweepstake or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any sweepstake-related activity or participation in this sweepstake. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA PLATFORM ASSOCIATED WITH THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy: By entering the sweepstake, you grant permission to the Sponsor, to use the specified content for use in all marketing. Content usage rights include, but are not limited to, use on the Sponsor’s brand and retail partners of the Sponsor’s owned and operated channels, digital media advertisement(s), social media, email marketing and websites. The Sponsor retains the right to edit and monetize this content on any of the above channels. Further, except where prohibited by law, Entrant grants the Sponsor permission to share Entrant’s social media handle(s), name, likeness, statements, biographical information, voice, entry, state of residence and any other personally identifiable information with the other Affiliated Entities for the purpose of administration, promotion and prize fulfillment, including use in a publicly available winner list, now or hereafter devised, worldwide in perpetuity (except those residents of Tennessee, which shall be limited to three years), without further payment or consideration, notification or permission.
Publication: Except where prohibited by law, each winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its subsidiaries, affiliates, retailers, distributors, advertising, sweepstakes and similar promotional agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any time or times, such winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any Entrant, the Sponsor, or the Affiliated Entities in connection with the sweepstake, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Texas Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Collin County, Texas and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this sweepstake, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Texas. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKE. YOU (HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD-PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Waiver: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content or any material based on or allegedly based on the Content, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.