Bashas’ Taco Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT'S RIGHTS AND REMEDIES.
Bashas’ Taco Sweepstakes (the "Sweepstakes") begins at 9:00:00 AM Mountain Time (“MT”) on October 13, 2018 and ends at 7:59:59 PM MT on October 14, 2018 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
This Sweepstakes uses Instagram™ (“Instagram”) and Twitter, Inc. (“Twitter”) as means of participation. This Sweepstakes is not endorsed or certified by Instagram or Twitter. All Instagram, or Twitter logos and trademarks displayed on this Sweepstakes are property of Instagram or Twitter. All questions, comments or complaints regarding the Sweepstakes should be directed to Administrator at the address listed below and not to Instagram or Twitter.
The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who are at least the legal age of majority in the state in which they reside at the time of entry. Employees, officers and directors of Tyson Foods, Inc. (“Sponsor”), Catalyst Marketing Design, MISGIF, Bashas’, The Regan Group (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Sweepstakes Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. This Sweepstakes is subject to all federal, state and local laws and regulations.
2. HOW TO ENTER THE SWEEPSTAKES:
To participate, log in to your Instagram or Twitter account and share your experience at the Arizona Taco Festival. For the caption of each posted photo, you can enter any appropriate descriptive text along with the hashtags “#BashasTacoTakeover” and “#Sweepstakes” (collectively the photo and associated text or other materials are your “Entry”). You must have your Instagram or Twitter accounts made public. For each post (in compliance with the “Photo Requirements of Entries” listed below), you will receive one (1) Sweepstakes Entry. Limit of one (1) Sweepstakes Entry per Instagram or Twitter post, per day, per person, per Instagram or Twitter account during the Sweepstakes Period.
By submitting an Entry, you hereby grant permission for your Entry to be posted on the Sponsor’s website or other websites. You agree that Sweepstakes Parties are not responsible for any unauthorized use of Entries by third parties. Sweepstakes Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks (other than for entry into this Sweepstakes), without the express consent of Sponsor in each instance.
By submitting an Entry, you represent and warrant that the work submitted is original to you and that neither it nor its contents infringes upon or violates the rights of any third party. If your Entry includes likenesses of third parties (such as, but not limited to makeup artist or subject) or contains elements not owned by you (such as, but not limited to, company logos) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Entry will be disqualified. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.
REQUIREMENTS OF ENTRIES: Comments or Tweets may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
Entrant irrevocably assigns to Sponsor all right, title, and interest in your Entry in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The rights granted under this paragraph shall extend to all Entries and all other submitted materials related to the Sweepstakes, including those submitted by non-winners and winners. By submitting a Entry, entrant grants to Sponsor and its affiliated companies, the right, except where prohibited by law, to use your first name and last initial, likeness, picture, address (city and state only), and written statements. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Sweepstakes, including non-winners and winners. Released Parties are not responsible for any unauthorized third party use of any entry. If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: https://www.tysonfoods.com/intellectual-property-infringement-notification. ANY POSTED ENTRIES WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
3. SWEEPSTAKES DRAWINGS:
On or about October 16, 2018, the Administrator will conduct a random drawing from all eligible Entries received within the Sweepstakes Period and select one (1) potential Sweepstakes Grand Prize winner and two (2) potential Sweepstakes Runner Up winners.
4. WINNER NOTIFICATION:
Potential prize winners will be notified via direct message on their Instagram or Twitter account from the Sponsor on or about three (3) days from the date of winner selection. Potential winners will have three (3) days to respond to winning notification before forfeiting their prize. If the user does not have direct messaging enabled through their Instagram or Twitter account, the potential winners will receive prize notification via a comment on their submitted Instagram photo from the Administrator of the Sweepstakes with a call to action to email the Sponsor based on the email address provided in the comment on Instagram or Twitter and provide their contact information consisting, but not limited to, the following: Full Name, Email Address, and Phone Number. Potential winners will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, notarized and returned to Administrator within ten (10) days of date of issuance.
A potential winner becomes a “Winner” only after verification of eligibility by Sponsor. If any potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries for that drawing.
5. PRIZES/PRIZE RESTRICTIONS:
There will be a total of Three (3) Sweepstakes Prizes (One (1) Sweepstakes Grand Prize and Two (2) Runner Up Prizes) awarded as detailed below:
SWEEPSTAKES GRAND PRIZE: One (1) Sweepstakes Grand Prize will be awarded which is detailed below:
- One (1) $500 Visa Gift Card
- Member’s Club Package to Waste Management’s 2019 Phoenix Open, January 28, 2019 through February 3, 2019. Member’s Club Package includes:
- Four (4) Member’s Club badges, per day (Monday-Sunday)
- Refreshments and light snacks are included
- One (1) reserved parking pass
The Approximate Retail Value (“ARV”) of the Grand Prize is $3,000.00
FIRST-RUNNER UP PRIZE: One (1) First-Runner Up Prize will be awarded which is detailed below:
- One (1) $500 Basha’s Gift Card
The ARV of the First-Runner Up Prize is $500.00.
SECOND-RUNNER UP PRIZE: One (1) Second-Runner Up Prize will be awarded which is detailed below:
- One (1) $200 Basha’s Gift Card
The ARV of the Second-Runner Up Prize is $200.00.
The total ARV of all Sweepstakes Prizes is $3,700.00.
PRIZE RESTRICTIONS: Limit of one (1) Sweepstakes Prize per person. Runner Up winners are also eligible to receive the Sweepstakes Grand Prize. Runner Up Prizes will be fulfilled two (2) to four (4) weeks after end of the Sweepstakes Period. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Sweepstakes Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. If any winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize will be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Sponsor reserves the right, in its sole discretion, to award less than the stated number of prizes.
Terms, conditions and restrictions on gift cards may apply, as designated by issuer, which may include an expiration date and activation fee.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE SWEEPSTAKES PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including but not limited to the failure or interruption of Twitter or Instagram or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and may be changed from time to time without notice. The Sweepstakes Parties reserve the right to cancel or modify the Sweepstakes at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
By participating in this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sweepstakes Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Sweepstakes Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY:
The Sweepstakes Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Sweepstakes; (d) 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, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) 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 Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prizes from among all non-suspect, eligible Entries received for the Sweepstakes up to the time of such action.
9. OWNERSHIP OF ENTRIES:
By entering the Sweepstakes, entrants do hereby release, indemnify and hold harmless Sponsor, Twitter, Instagram, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising from or in connection with participation in the Sweepstakes, or the acceptance, possession, use or misuse of any prize. Execution of the publicity release further constitutes consent of winner for Sponsor's use of their names, likenesses and/or prize and biographical information in all media worldwide without limitation for advertising or promotional purposes without further compensation, except where prohibited.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate courts in the State of Arkansas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) 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. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Arkansas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Washington County, Arkansas.
13. TWITTER DISCLAIMER:
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. By participating in this Sweepstakes, you hereby release Twitter from any claim, allegation, loss or liability of any kind.
14. INSTAGRAM DISCLAIMER:
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. By participating in this Sweepstakes, you hereby release Instagram from any claim, allegation, loss or liability of any kind.
15. TAX INFORMATION:
All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to any winner of a prize that exceeds $600 in value.
16. WINNERS LIST:
To receive the list of prize winners, send a #10 self-addressed, stamped envelope for receipt by February 15, 2018 to: Bashas’ Taco Sweepstakes Winners List Request, c/o The Regan Group, 360 West 132nd Street, Los Angeles, CA 90061.
SPONSOR: Tyson Foods, Inc., 2200 W. Don Tyson Pkwy. CP 579 Springdale, AR 72762
ADMINISTRATOR: The Regan Group, 360 West 132nd Street, Los Angeles, CA 90061
All names and trademarks related to prizes awarded under this Sweepstakes are the property of the respective owners. Other than Sponsor, companies associated with the prizes provided under this Sweepstakes do not endorse, sponsor and are not otherwise affiliated with this Sweepstakes. Prizes pictured in any point-of-sale, online, television and print advertising, promotional packaging, and other materials are for illustrative purposes only. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable prize winner upon award of the prize.