TACO JOHN’S FIESTA HOUR PROMOTION (“PROMOTION”) OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MESSAGE AND DATA RATES MAY APPLY IF ENTERING VIA MOBILE DEVICE.
PROMOTION OPEN ONLY TO LEGAL U.S. RESIDENTS OF AR, AZ, CO, IA, ID, IL, IN, KS, KY, MI, MN, MO, MT, ND, NE, NV, OH, SD, TN, VA, WA, WI, AND WY (EACH AN “ELIGIBLE STATE”) WHO ARE 18 YEARS OF AGE (19 in NE) OR OLDER AT TIME OF PARTICIPATING. MUST BE 21 YEARS OF AGE OR OLDER TO BE ELIGIBLE TO WIN THE GRAND PRIZE. PROMOTION SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION UNLESS YOU ARE ELIGIBLE. VOID WHERE PROHIBITED.
1. PROMOTION PERIOD: The Promotion begins June 5, 2017 at 12:00:00 a.m. Central Daylight Time (“CDT”) and ends September 4, 2017 at 11:59:59 p.m. CDT (the “Promotion Period”).
2. HOW TO PARTICIPATE: There are two (2) ways to participate in the Promotion:
(a) TJ® REWARDS APP: To enter without texting, download the free TJ Rewards® Application (“App”) on your smart phone or other web-enabled device as described below; launch the App. Next, click on GAMES in the bottom navigation. Follow the online instructions to play for a chance to win a TJ® Rewards Prize (a “Play”). If your screen displays a prize-winning message, you are a potential winner of the indicated TJ® Rewards Prize (subject to verification). If your screen does not display a prize-winning message, you are not a winner of a TJ® Rewards Prize. For each Play, you will receive one (1) entry into the random drawing for a chance to win a Random Drawing Prize. See Section 5 for random drawing details and Section 6 for all prize details.
To Download the App: Use your smart phone or other Web-enabled device with data plan to download the free App from the Apple App Store (IOS Download: https://punchh.com/b/tacojohns) or the Google Play Store (Android Download: https://punchh.com/b/tacojohns). You may incur message and/or data charges from your wireless service provider. Check with your wireless service provider for details on these and any other applicable charges.
(b) TEXT MESSAGE: Use your mobile phone to text “VEGAS” to 25519 during the Promotion Period to receive one (1) entry into the random drawing. TJ® Rewards Prizes are not available to those participating via Text Message. By entering this Promotion via text messaging the participant is consenting to receive up to four (4) reply text messages per entry regarding the Promotion. Text “HELP” for help or “STOP” to cancel. Participants must have a mobile phone with text messaging capabilities to enter by text message. Participants entering this Promotion via text message may incur a standard text message charge from their wireless service provider for each message sent and received. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate.
All Plays/entries must be received during the Promotion Period. Limit one (1) valid Play/entry per day. A “day” is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. CDT and ending at the following 11:59:59 p.m. CDT. “Valid Play/entry” is defined as one (1) Play/entry per person using one of the prescribed methods.
If participating via the TJ® Rewards App, the name of the person submitting the Play/entry must be (a) the name of the person who registered on the App and (b) the name of the authorized account holder of the email address associated with the registration, otherwise, Play(s)/entry(ies) may be deemed void. If participating via Text Message, the name of the person submitting the entry must be the registered owner of the mobile phone number used for entering, otherwise, entry(ies) may be deemed void. In the event of dispute over the identity of a potential winner, Play(s)/entry(ies) will be declared made by the authorized account holder of the email address associated with the App registration or mobile phone number (depending on method of participation) used at the time of submitting a Play and/or entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address or mobile phone number. It is solely the responsibility of the participant to notify the Sponsor (defined below) in writing if the participant changes his or her email address or mobile phone number during the Promotion Period.
Proof of submitting a Play and/or entry does not constitute proof of delivery or Play/entry. Every submission must be manually keystroked and manually entered by the individual participant; automated and/or repetitive electronic submission of Plays/entries (including but not limited to Plays/entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses or mobile phone numbers may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of Plays/entries and/or prizes, is prohibited and such persons will be disqualified and all Plays/entries shall be deemed invalid and any prize won shall be forfeited.
3. ELIGIBILITY: Promotion open only to legal U.S. residents of AR, AZ, CO, IA, ID, IL, IN, KS, KY, MI, MN, MO, MT, ND, NE, NV, OH, SD, TN, VA, WA, WI, and WY who are 18 years of age (19 in NE) or older at the time of participation. Must be 21 years of age or older at the time of participation to be eligible to win the Grand Prize. Winners may be required to show proof of residency and/or age. Employees of Taco John’s International, Inc. (“Sponsor”) and PepsiCo., Inc., Pepsi Beverage Company, Pepsi-Cola Company and its bottlers, and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, retailers, dealers and advertising, promotional or judging agencies (collectively, “Sponsor and Promotion Parties”) and immediate family members of such employees and persons living in the same household as such employees are not eligible to win.
4. TJ® REWARDS PRIZES: TJ® Rewards Prizes will be awarded throughout the Promotion Period based on winning times selected at random based on a computergenerated formula. The first person to submit a valid Play on or after the randomlyselected winning time will win the TJ® Reward as indicated at the time of Play, subject to verification of winner registration information. Chances of winning a TJ® Reward depend on the number of eligible Plays received and the day and time of Play. Odds of winning a TJ® Rewards Prize is 1 in 3.
5. RANDOM DRAWING: Random Drawing Prize winners will be selected in a random drawing to take place on or about September 7, 2017 from among all valid entries received by an independent judging agency whose decisions are final. Determination of a valid entry is in the sole discretion of the Sponsor. Odds of winning a Random Drawing Prize are solely dependent upon the total number of valid entries received. Entries submitted during the Promotion Period are only eligible for this Promotion and do not remain eligible for any subsequent Promotion. Limit one (1) Random Drawing Prize per person/household.
TJ® REWARDS PRIZES: All TJ® Rewards Prizes will be awarded via the TJ® Rewards App. TJ® Rewards Prizes are listed as follows: Estimated quantity (actual quantity shall be based on the number of Plays submitted throughout the Promotion Period; odds of winning are 1 in 3) / TJ® Rewards Prize description / Approximate Retail Value (“ARV”) of each TJ® Rewards Prize.
3,500 / Buy One Get One Sirloin Steak Taco. / ARV: $2.49.
14,000 / Free Crispy Beef Taco. / ARV: $1.39.
7,000 / Free Premium Drink with a $5.00 Purchase. / ARV: $1.99.
3,500 / Buy One Get One Breakfast Burrito. / ARV: $3.59.
7,000 / Free 20 oz. Drink. / ARV: $1.89.
7,000 / Buy One Get One Taco Bravo. / ARV: $2.69.
14,000 / Free Softshell Beef Taco. / ARV: $1.69.
14,000 / Free “punch”. / No value has been assigned to this TJ® Rewards Prize. (A punch is typically earned for any purchase over $5.00.)
Total ARV of TJ® Rewards Prizes is estimated at $110,390.00.
RANDOM DRAWING PRIZES:
GRAND PRIZE (Must be 21 years of age or older to win the Grand Prize): One (1) Grand Prize will be awarded, consisting of a trip for winner and one (1) guest to Las Vegas, Nevada. Trip must be completed by September 30, 2018. All travel arrangements must be made through Sponsor’s selected travel agency at least thirty (30) days in advance of desired departure date. Trip consists of roundtrip coach airfare for two (2) from a major gateway airport nearest winner’s residence, hotel accommodations for two (2) people (one standard/double occupancy, room and tax only) for three (3) nights, VIP entry for winner and guest into LIGHT, private table reservations at LIGHT for one (1) meal, one (1) VIP Daybed at Marquee, VIP access for winner and guest to a party at Marquee, and a $500 pre-paid debit card (subject to terms and conditions as set by issuer). Selection of airline and hotel are solely within Sponsor’s discretion. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Sponsor reserves the right to provide ground transportation in lieu of air transportation if the winner resides within one hundred (100) miles of Las Vegas, Nevada. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. Guest must be 21 years of age or older. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. state issued driver’s license) required for travel. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Sponsor is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Sponsor is not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. An unclaimed and/or unused prize element will remain the property of Sponsor. Approximate Retail Value (“ARV”): $6,650.00. The actual retail value of the Grand Prize may vary, depending on winner’s place of residence. If the actual value is less than the ARV of $6,650.00, the difference will not be awarded to the winner.
FIRST PRIZES: Seventy-five (75) First Prizes will be awarded, each consisting of a Splashproof Bluetooth Speaker. ARV: $99.95 each.
SECOND PRIZES: Forty-three (43) Second Prizes will be awarded, each consisting of a LCD Action Camera. ARV: $99.00 each.
THIRD PRIZES: One hundred fifty (150) Third Prizes will be awarded, each consisting of one (1) $20.00 Taco John’s gift card. Gift card subject to terms and conditions as set by issuer. ARV: $20.00 each.
Winner must accept prize as stated or prize may be forfeited. Total ARV of the Grand, First, Second and Third Prizes is $21,403.25.
7. GENERAL: No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value, except as described in these Official Rules and as determined by Sponsor in its sole discretion. Prize winners will be solely responsible for paying all applicable federal, state and local taxes on a prize. Unclaimed prizes will not be awarded. Grand Prize winner will receive an IRS Form 1099 for the prize retail value. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. All participants, as a condition of participating, agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding.
8. WINNER NOTIFICATION: Potential TJ® Rewards Prize winners will be notified instantly with a prize confirmation notice on screen during their online session within the App with instructions on how to claim his/her prize (subject to verification). Potential Random Drawing winners will be notified by email, text message, and/or phone at the email address or phone number associated with winning participant’s submitted Play/entry within one (1) week of the drawing date. If a potential winner participated via text message, he/she may be required to respond to the notification within seventy-two (72) hours in order to capture potential winner’s contact information. If no response is received within seventy-two (72) hours, prize may be forfeited. Sponsor is not responsible for suspended or discontinued Internet or wireless service which may result in a potential winner not receiving prize notification. Grand Prize winner will be required to sign and return an Affidavit of Eligibility/Liability Release (where lawful) with a publicity release within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. Grand Prize winner’s guest will be required to sign and return a Travel/Liability Release within the same time period. If any winner notification is returned as undeliverable without a forwarding address or if any documents or prize winner registration is not returned within the required number of days, or if winner cannot be found or verified or if winner is otherwise unable to accept the prize as stated, prize may be forfeited. Allow six (6) to eight (8) to weeks for delivery of prizes by mail following completion of notification process. If a prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further obligation to award that prize. Prizes will only be delivered to addresses within an Eligible State.
9. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Plays/entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or App or mobile network or any combination thereof; (e) any injury or damage to participants or to any other person’s computer or other device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted at participating stores and a random drawing may be held from among all eligible, non-suspect Plays/entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any participant (and all of his/her Plays/entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if he/she tampers with the Play/entry process or if his/her fraud or misconduct affects the integrity of this Promotion. Sponsor reserves the right to correct errors in promotional materials.
10. RELEASE OF LIABILITY: All participants by entering this Promotion, and winners by acceptance of a prize, agree to release the Sponsor and Promotion Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons or property which may be sustained in connection with accessing the App, submitting a Play and/or entry or otherwise participating in any aspect of the Promotion, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or in the announcement or offering of any prize. Sponsor makes no representation or warranty of any kind concerning the appearance, performance or safety of any prize. Winner bears all risk of loss or damage to prize after it has been delivered. Except in Tennessee and where prohibited by law, winners must consent to the use of their name, voice, picture or other likeness without compensation for promotional purposes in all media as determined by Sponsor.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE APP OR INTERFERE WITH THE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. CHOICE OF LAW: This Promotion is governed by the laws of the State of Wyoming, and all claims must be resolved exclusively in the state or federal courts in the State of Wyoming.
12. WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope to be received by October 9, 2017 to: Taco John’s Fiesta Hour Promotion Winners List, 10 South 5th Street-7th Floor, Dept. 888-7025, Minneapolis, MN 55402.
13. SPONSOR: Taco John’s International, Inc.