[National Tortilla Day Giveaway]
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT
WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF
THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS
OR OLDER AND THE AGE OF MAJORITY IN THEIR STATES AT THE TIME OF ENTRY. VOID
IN PUERTO RICO, THE UNITED STATES TERRITORIES AND POSSESSIONS, AND WHERE
PROHIBITED OR RESTRICTED BY LAW. THIS GIVEAWAY IS IN NO WAY SPONSORED,
ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM®. THESE
OFFICIAL RULES ARE AVAILABLE AT:
The [National Tortilla Day Giveaway] (the “Giveaway”) is sponsored and administered by Chicas Chips,
25327 Normandie Ave, #A, Harbor City, California 90710. (“Sponsor”).
1. ENTRY PERIOD: The Giveaway begins on [2/24/2020] at 12:00:00 PM (PST) and ends on [2/27/2020] at 2:59:59 PM (PST) (the “Entry Period”). Sponsor’s computer is the official timekeeping device of the Giveaway.
2. ELIGIBILITY: The Giveaway is offered only to legal residents of the United States, including the District of Columbia who are eighteen (18) years or older and the age of majority in their states at the time of entry (if higher than 18). Employees, officers, directors or agents of Sponsor and affiliate companies, as well as members of their immediate families (spouse, parents, siblings and children) and household members of each such employee of such entities are ineligible to enter. This Giveaway is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, and elsewhere where prohibited or restricted by law.
3. HOW TO ENTER: During the Entry Period, to enter: (i) Visit Sponsor’s official Instagram page by searching for @ChicasCornChips (the “Instagram Page”), then: (ii) if you have not already done so, follow Sponsor’s Instagram Page, (iii) find the post on the Instagram Page that refers to this Giveaway (the “Instagram Post”), (iv) “like” the Instagram Post by using Instagram’s “like” feature (i.e., either double tap the Instagram Post or click the heart feature under the Instagram Post), and (v) using
Instagram’s “share/send” feature, share the Instagram post on your story. Your story must mention our account @ChicasCornChips. (vi) using Instagram’s “comment” feature mention two (2) other users to gain an extra entry for the Giveaway. “Liking” the Instagram Post alone does not constitute an entry. If an entrant participates using a mobile device, message and data rates may apply. Entrants should consult their wireless providers’ pricing plans.
4. ENTRIES: Entrants will have an additional entry for every two (2) users they mention in the post. There is no limit of entries per person for this Giveaway. Proof of submitting an entry does not constitute proof of delivery or entry. Entries cannot contain profanity, violence, threatening language, illegal or offensive material, derogatory or defamatory comments, or be inappropriate, indecent or obscene as determined by Sponsor, in its sole discretion. Entries must be in keeping with Sponsor’s
This Giveaway is in no way sponsored, endorsed by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions, comments, or complaints regarding this Giveaway shall be directed to Sponsor and not to Instagram.
6. PRIZES: Sponsor will award two (2) prizes. The prize is [4-8oz Chicas Corn Tortilla Chips & 2-12oz Chicas Gourmet Salsa Jars per winner] (the “Giveaway Prize”). Each Giveaway Prize’s approximate retail value (“ARV”) is $26.00 (plus cost of shipping to winner). Prizes will be shipped to confirmed winners via UPS or a comparable carrier within 1-5 days after confirmation of winners. All prizes are non-transferable. Prizes cannot be sold, transferred or bartered in whole or in part. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value at its option. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for claiming or using any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor shall not be held responsible for any delays in awarding a prize for any reason. Each prize will only be awarded to a winner whose eligibility has been verified. Sponsor makes no representation to winner as to the fitness or suitability of the prize for any purpose, and Sponsor hereby disclaims any and all warranties, express or implied, concerning any prize.
7. SELECTION OF WINNERS; ODDS: Within two (2) days after the end of the Entry Period, Sponsor will randomly select potential winners from among all eligible entries received in order to award the prizes. All responses must conform to these Official Rules to be eligible. Limit 1 prize per person. Odds of winning a prize depend on number of eligible responses received during Entry Period. Potential winner will be notified using the Instagram account used to enter (either by direct message or responding to the entry) and will be asked to respond to Sponsor via email with contact information (including full name, street address, email, and phone number) and to verify eligibility (by showing driver’s license or other government-issued identification). Each potential winner will have approximately 48 hours to respond to the attempt to notify him or her. If (i) Sponsor is blocked from contacting the potential winner due to any privacy settings, (ii) the potential winner is found to be ineligible, (iii) the potential winner cannot or does not comply with these Official Rules, or (iv) if prize or prize notification is returned as undeliverable, the potential winner will be disqualified and forfeit the prize and Sponsor will select an alternate potential winner from remaining eligible entries received during the Entry Period. Unclaimed prizes may not be awarded.
8. GENERAL: Any attempted form of participation in the Giveaway other than as described herein is void. Entries received from any entrant in excess of the stated limitation will be void. Multiple entrants are not permitted to share the same Instagram account. If it is discovered that any entrant attempts to
receive additional entries in excess of the stated limitation, including, without limitation, if an entrant is found to use multiple Instagram accounts to enter this Giveaway, that entrant may, at Sponsor’s sole discretion, be disqualified from the Giveaway. In the event of a dispute as to any entry, the authorized account holder (determined at the time of entry) of the account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by Instagram. Each potential winner may be required to show proof of being the authorized account holder. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Giveaway. Any use of robotic, automatic, macro, programmed, third party, or like methods to participate in the Giveaway may void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GIVEAWAY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of any conflict with any details contained in these Official Rules and any details contained in any promotional materials of the Giveaway (including, but not limited to, point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
9. LIMITATION OF LIABILITY: By entering, entrants agree to be bound by the Official Rules of the Giveaway and all decisions of Sponsor which are final and binding in all respects. By entering, entrants acknowledge and agree that Sponsor, Instagram, and any of their affiliated and subsidiary companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible, and shall have no liability, for: (1) entries that contain incomplete or inaccurate information or do not otherwise comply with these Official Rules; (2) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, garbled, misdirected, or otherwise not received by Sponsor or its agents for any reason; (3) any typographical or other error in the printing or advertising of this Giveaway, the administration or execution of this Giveaway, or in the announcement of a prize winner; or (4) any problems or technical malfunctions, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Giveaway. Except where prohibited by law, by participating in this Giveaway, entrants and winners agree to and hereby waive, release, hold harmless and indemnify the Released Parties from and against: (A) any and all liability, for loss, harm, damage, injury, cost or expense whatsoever with respect to or in any way arising from the Giveaway and/or use of prize, including, without limitation, property damage, liability for personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize, and (B) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of this Giveaway; or (ii) acting in violation of these Official Rules. If Sponsor determines, in its sole discretion, that this Giveaway cannot be executed as planned, including but not limited to unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Giveaway, or if this Giveaway is compromised in any way, electronically or otherwise, Sponsor reserves the right to terminate this Giveaway, and to award the prize by a random drawing from all eligible entries received prior to the date of cancellation or suspension.
10. DISPUTES: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of North Carolina. If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of the Official Rules shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Mecklenburg County, North Carolina, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11. PUBLICITY RIGHTS: By participating in the Giveaway and/or accepting a prize, each entrant agrees to allow Sponsor and its designees the perpetual worldwide right to use and/or publish entrant’s name, biographical information, photos and/or other likeness, entry comments, and statements, in whole or in part, for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, without additional compensation or notice to entrant, or review or approval by winner, except where prohibited by law.
13. WINNERS LIST: For a list of winners, mail a self-addressed, stamped business envelope to: Winners List, [National Tortilla Day Giveaway], [25327 Normandie Ave, #A, Harbor City, California 90710] Winners List requests must be received no later than [5/26/2020].
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved. This Giveaway is not sponsored, endorsed or administered by, or associated with Instagram.