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Takis Game Day Intensity Challenge
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING.
The Takis Game Day Intensity Challenge (the “Promotion”) will begin
at 12:01 AM Eastern Time (“ET”) on January 4, 2021 and end at 11:59
PM ET on February 15, 2021 (“Promotion Period”). Entries not
received within the Promotion Period will be void.
ELIGIBILITY:
Promotion is open to legal residents of the fifty (50) United
States and the District of Columbia who are at least 13 years of
age at time of entry. Eligible minors must obtain their parent’s
or legal guardian’s permission prior to participating. Employees,
officers, and directors of Barcel USA, LLC (“Sponsor”), its parent
company, subsidiaries, affiliates, distributors, promotion and
advertising agencies, and members of their immediate families
(spouse and parents, children and siblings and each of 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 enter or win. In addition, any
persons who are under any contractual or other obligation
(including but not limited to talent agency agreements,
distribution or design agreements, merchandising agreements, and
guild and/or union memberships), that would prohibit them from
participating fully in the Promotion, or from allowing the Sponsor
to use any design materials submitted in connection with this
Promotion are also ineligible to enter the Promotion. Void where
prohibited by law. Sweepstakes is subject to all applicable
federal, state and local laws. This Promotion is in no way
sponsored, endorsed or administered by, or associated with,
Instagram. The information you provide will be used for the
purposes of Promotion administration only.
HOW TO ENTER: During the Promotion Period, create your own original video of
you and up to three (3) of your friends and/or family members
having your “Game Day”. All friends or family members included must be at least thirteen
(13) years of age . Then, log-in to your Instagram account and post your video to
your Instagram page, tag @takisusa, tag your friends or family
members who are in the video and include the hashtags
#TakisSponsorMe and #entry in the caption of your post to enter
the Promotion.Limit one person per group per video is permitted to enter the Promotion during the Promotional
Period.
Limit of one (1) entry per person per day, with an unlimited
number of entries each individual can submit throughout the
Promotion Period, however each entry submitted by an individual
must be substantially different from any/all other entries
submitted by such individual. Entries received from any person or
Instagram account in excess of the stated limitation will be void.
An Instagram account is required to enter. A free account can be
created at www.Instagram.com. To enter the Promotion using a mobile device,
you must have a service plan for your web- enabled mobile device
with your wireless service provider and a device that supports the
Instagram application. Data rates may apply. See your wireless
service provider for pricing plan details and capabilities.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole
discretion, any content that:
-
is sexually explicit or suggestive; violent or derogatory of any
ethnic, racial, gender, religious, professional or age group;
profane or pornographic; contains nudity;
-
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;
-
contains trademarks, logos, or trade dress (such as distinctive
packaging) owned by others (excluding Sponsor’s logos and
trademarks which will be permitted);
-
contains any personal identification, such as personal names,
e-mail addresses or street addresses;
-
contains copyrighted materials owned by others (including
photographs, music, videos, sculptures, paintings, and other
works of art or images);
-
contains materials embodying the names, likenesses, voices, or
other indicia identifying any person, including, without
limitation, celebrities and/or other public or private figures,
living or dead, without the express permission of such person,
or, in the case of a minor, such person’s parent or legal
guardian;
-
contains look-alikes of celebrities or other public or private
figures, living or deceased; or
-
violates any applicable law.
Entry must be the original work of the entrant, may not have been
previously published, may not have won previous awards, and must not
infringe upon the copyrights, trademarks, rights of privacy,
publicity or other intellectual property or other rights of any
person or entity. If the entry contains any material or elements
that are not owned by the entrant, and/or which are subject to the
rights of third parties, the entry may be rendered null and void. By
submitting an entry, each entrant warrants and represents that
he/she consents to the submission and use of the entry in the
Promotion and to its use as otherwise set forth herein. Entrant is
responsible for obtaining, prior to submission of the entry, any and
all releases and consents necessary to permit the use and exhibition
of the entry by Sponsor in the manner set forth in these Official
Rules, including, without limitation, name and likeness permissions
from any person who appears in or is identifiable in the entry.
Sponsor reserves the right to request proof of these permissions in
a form acceptable to Sponsor from any entrant at any time. Failure
to provide such proof may, if requested, render entry null and void.
By submitting an Entry, entrant warrants and represents that he/she
and any persons appearing or who are identifiable in the entry
consent to the submission and use of the entry in the Promotion and
to its use as otherwise set forth herein.
By submitting an entry, entrant hereby grants permission for the
entry to be posted on Sponsor’s website, or the Takis USA Instagram
accountor other websites and used in press materials and in the
printing of promotional materials. Entrant agrees that Released
Parties (as defined below) are not responsible for any unauthorized
use of entries by third parties. Released Parties do not guarantee
the posting of any entry and may remove a posted entry at any time.
PROMOTION JUDGING:
All eligible entries received throughout the Promotion Period
will be judged based on the following criteria: (i) creativity of
Game Day experience (35%); (ii) originality of Game Day (35%); and
(iii) Game Day intensity (30%) (the “Judging Criteria”). The five
(5) entries with the highest scores will be deemed potential
winners, subject to verification of eligibility and compliance
with these Official Rules. In the event of a tie, an additional,
“tie- breaking” judge will determine the potential winners based
on the criteria listed herein. Sponsor reserves the right to
identify fewer than five (5) winners if, in its sole discretion,
it does not receive a sufficient number of eligible and qualified
entries.
WINNER NOTIFICATION:
Sponsor’s decisions are final and binding on all matters relating
to this Promotion. Potential winners will be notified by Instagram
direct message and/or comment on Instagram on or about March 1,
2021 and will be asked to respond within three (3) business days
and provide their full name, telephone number (including area
code), date of birth, mail and/or email address. Potential winners
will also be required to complete an Affidavit of Eligibility,
Liability and Publicity Release (unless prohibited by law) and any
other documents required by Sponsor, which must be returned within
two (2) business days of initial notification. Return of
notification as undeliverable, failure to sign and return
requested documentation within the specified time period, the
inability of Sponsor to contact a potential winner within a
reasonable time period or noncompliance with these Official Rules
by a potential winner will result in disqualification and, at
Sponsor’s sole discretion, an alternate winner may be selected
using the judging criteria above and notified. If a potential
winner is an eligible 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 documentation
requirements imposed on winner set forth herein.
PRIZES (5):
Winners will each receive $1,000,awarded in the form of VISA gift
cards which may be used to up their Game Day and will also receive
one (1) case of Takis Fiesta-Size Fuego. Approximate Retail Value
(“ARV”) of each prize package: $1,042.21.Winners are encouraged to
distribute the VISA gift cards evenly amongst the friends and/or
family members included in their winning video.
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 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 at Sponsor’s sole discretion. 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.
LICENSE/USE OF ENTRIES:
By submitting an entry, and to the extent allowed by law, you
grant the Released Parties a perpetual, worldwide, royalty-free,
non-exclusive, sub licensable, unconditional and transferable
license to edit, modify, cut, rearrange, add to, delete from,
reproduce, encode, store, modify, copy, transmit, publish, post,
broadcast, display, adapt, exhibit and/or otherwise use or reuse
your entry, name, photo, video, and biographical material
including, but not limited to, all materials submitted in
connection with the Promotion in any and all media, throughout the
world, and in any manner, for trade, advertising, promotional,
commercial, or any other purposes without further review, notice,
approval, consideration, or compensation to entrant or any third
party.
GENERAL CONDITIONS:
By participating, each entrant agrees: (a) to abide by these
Official Rules and decisions of Sponsor and judges, which shall be
final and binding in all respects relating to this Promotion; (b)
to release, discharge and hold harmless Sponsor, Instagram, their
parent companies, affiliates, subsidiaries, 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 any awarded prize; and (c) to the use
of his/her name, voice, performance, photo, Instagram account ID,
prize information, design and/or likeness for programming,
advertising, publicity, trade 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 if asked to do so. By
participating, participant 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 either may withhold in its sole discretion.
MISCELLANEOUS:
Released Parties are not responsible for lost, late, incomplete,
damaged, inaccurate, stolen, delayed, misdirected, undelivered, or
garbled entries, captions, posts, photos or videos; 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 processing of entries, captions, posts, photos,
videos, the announcement of the winners, or in any other
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
entries/videos will be void. Should any portion of the Promotion
be, in Sponsor’s sole opinion, compromised by non-authorized human
intervention or other causes including but not limited to war,
strikes, health crisis, epidemic, pandemic, civil disturbances,
work stoppage, and/or acts of God, which, in the sole opinion of
the Sponsor, corrupt or impair the administration, security,
fairness or proper play, or submission of entries, Sponsor
reserves the right at its sole discretion to suspend, modify or
terminate the Promotion and, if terminated, at its discretion, at
its discretion, select the potential winners from all eligible,
non-suspect entries received prior to action taken using the
judging procedure outlined above.. In the event of a dispute
regarding entries received from multiple users having the same
email account, the authorized subscriber of the email account at
the time of entry will be deemed to be the entrant and must comply
with these Official Rules. Authorized account subscriber is the
natural person who is assigned to the applicable account by the
applicable email service provider. 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 prize 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 entrant and Sponsor in connection with
the Sweepstakes, shall be governed by, and construed in accordance
with, the substantive laws of the State of Texas, USA.
WINNER’S NAMES:
For the names of the winners (available after March 11, 2021)
send a self- addressed, stamped envelope to: Takis Game Day
Intensity Challenge Winners, 301 S. Northpoint Dr. Suite 100
Coppell, TX 75019.
SPONSOR:
Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX
75219.