Takis ® Flavor Challenge - Up The Intensity Instant Win Promotion
NO PURCHASE OR TEXT MESSAGE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Takis ® Flavor Challenge – Up The Intensity Instant Win Promotion (the "Promotion") starts on September 1, 2018 at 12:00 a.m. Central Time ("CT") and ends on December 31, 2018 at 11:59 p.m. CT ("Promotion Period").
ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are 13 years of age or older as of date of game play. Eligible minors must obtain their parents or legal guardian's permission prior to participating. Employees of Barcel USA, LLC ("Sponsor"), its parent company, subsidiaries, distributors, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to participate or win. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws.
HOW TO PARTICIPATE: The following Takis ® flavors will be available in participating retail stores for a limited time; (i) Wild; (ii) Lava; (iii) Angry Burger; and (iv) Titan. During the Promotion Period, there are two (2) ways to participate;
1) Text Message: Send a text message with one (1) of the following keywords; (i) "WILD"; (ii) "LAVA"; (iii) "BURGER"; or (iv) "TITAN" to short code 484848 to tell us your favorite limited-time Takis flavor and receive one (1) game play. All keywords have an equal chance of winning a prize. The keyword you use to text will not increase or decrease your chances of winning a prize. By sending a text message from your mobile phone, you will be providing prior written consent to receive messages about the Promotion and Sponsor's products and services to that mobile phone by or on behalf of Sponsor, including two (2) marketing messages per week. Text messages sent by auto-dialer. Your mobile phone must be capable of sending and receiving text messages to participate via this method. Text message and data rates may apply. Consent is not required as a condition of purchase. Text STOP to 484848 to quit or text HELP to 484848 for help. See your wireless carrier for text message rates and capabilities. Text message game plays must be received by 11:59 p.m. CT on December 31, 2018 to be eligible.
2) Email: To participate via email without sending a text message, send an email with your complete name, mailing address, daytime and evening telephone numbers (area code included), and date-of-birth in the body of the email with a subject line "Takis Intense Flavor Instant Win Promotion" to email@example.com. Email game plays must be received by 11:59 p.m. CT on December 31, 2018 to be eligible.
Limit one (1) game play per person using only one (1) mobile phone number per day, regardless of method of game play. For the purposes of this Promotion, a day is understood to begin at 12:00 a.m. CT and end at 11:59 p.m. CT. Multiple game plays received from any person or e-mail address in excess of the daily limitation stated above will be considered for Takis flavor voting purposes but will otherwise be void for gameplay consideration. Game plays generated by script, macro or other automated means and game plays by any means which subvert the game play process are void. All game plays become the sole property of the Sponsor and will not be returned.
HOW THE PROMOTION WORKS & ODDS OF WINNING: One Hundred (100) Prizes, will be randomly assigned to specific winning times throughout the Promotion Period. During the Promotion Period, if you are the first to submit a game play at a randomly selected winning time (as determined by Sponsor) or if no one plays at such time and your game play is the first submitted thereafter (as determined by Sponsor), you will receive a winning notification from Sponsor via text, phone and/or email indicating that you are a potential prize winner. Odds of winning a prize depend on the number of game plays received and the date and time of game play. Prize award is subject to verification of eligibility, winning game play and compliance with the terms of these Official Rules. Limit of one (1) prize per person and per household throughout the Promotion Period.
WINNER NOTIFICATION: Sponsor's decisions are final and binding on all matters relating to this Promotion. Potential winners will be notified by mail, phone, text message and/or e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor's discretion, an alternate winner may be selected.
PRIZE (100): Each winner will receive a one (1) month supply of Takis ®, awarded in the form of one (1) case of Takis ® (20 4 oz bags of Takis ® per case). Approximate Retail Value ("ARV") of each prize: $29.80.
PRIZE CONDITIONS: All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem a prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are in Sponsor's sole discretion.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, its parent company, affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the prize; and (c) to the use of his/her name, voice, performance, photograph, caption, game play, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion. In the event more prizes for any prize level are claimed than are intended to be awarded, Sponsor reserves the right, as applicable, to award the stated prizes for the prize level(s) in question in a random drawing from among all valid prize claims received. In no event will Sponsor be liable for more than the stated number of prizes listed in these Official Rules.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, illegible, delayed, misdirected, undelivered, or garbled game plays, emails or text messages, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the cancellation or postponement of any game, the processing of game plays, the announcement of the prizes, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated game plays will be void. Should any portion of the Promotion be, in Sponsor's sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of game plays, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion (or portion thereof) and, if terminated, at its discretion, select the potential winners from among all non-suspect, eligible game plays received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA.
REQUEST FOR WINNER'S NAMES: For the names of the winners (available after January 10, 2019) send a self-addressed, stamped, envelope by February 10, 2019, to: Takis ® Flavor Challenge-Up The Intensity Instant Win Promotion Winners, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019.
SPONSOR: Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019.