BARBERITOS NACHOS SWEEPSTAKES
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR
PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject
to all federal, state, provincial, territorial, and local laws, regulations, and ordinances. THIS
SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH
ANY SOCIAL MEDIA PLATFORM, INCLUDING TIKTOK, FACEBOOK, INSTAGRAM, TWITTER, ETC.
By entering into the Sweepstakes, you accept the Official Rules (the “Official Rules”) and Sponsor’s
decisions, which are final and binding in all matters related to the Sweepstakes
Name: Barberitos Nachos (the “Sweepstakes”).
Sponsor: Baberitos
Entry Period: Entries will open at 8 a.m. EST on April 3 and end at 11:59 p.m. EST
on May 31, 2023 (the “Entry Period”), after which time the
Sweepstakes will be closed and no further entries shall be accepted.
Winner(s): 2 Winners.
Winner(s) to be chosen on June 9th
and notified as soon as possible
after selection.
Prize(s): Each winner will receive One (1) prize per winner consisting of the
following (the “Prize”):
Nachos for a Year, equating to one order of nachos per
week
Total Approx. Retail Value $500
How to Enter: During the Entry Period, go to the TikTok app on your device and
Follow @barberitossw
post a video using #BarberitosNachos
Limit one (1) entry per unique social media platform account or email
address and per person for the Sweepstakes during the Entry Period.
Eligible
Participants:
The Sweepstakes is open to all legal U.S. residents currently residing
in the AL, FL, GA, NC, SC, TN and VA who are eighteen (18) years
or older as of the date of entry.
Selection of
Winner(s):
Sponsor (or its designee or representative) will select the number of
potential stated winner(s) of the Prize in a random drawing from
among all entries received during the Entry Period. The odds of
winning are based on the number of eligible entries received during the
Entry Period.
Additional
Terms
None
General Terms and Conditions for Promotions
These general terms and conditions for promotions apply to all sweepstakes or contests (each, a
“Promotion”) sponsored by Sponsor. Certain terms may only be applicable depending on the type of
Promotion (i.e., sweepstakes or contest).
Additional Entry Requirements, Restrictions and Information
Entrants That Have Not Reached Age of Majority. Any entrant who is older than the required age to
enter the Promotion but has not yet reached the age of majority in the jurisdiction in which he/she
resides will need to obtain permission from his/her parent/legal guardian in order to enter and if
chosen as a winner, the applicable prize will be awarded in the name of his/her parent or legal
guardian.
Ineligible Participants. Employees, officers, and directors of Sponsor or any of its parents, controlled
affiliates, and subsidiaries, or any of their respective representatives, consultants, contractors, legal
counsel, advertising, public relations, promotional, fulfillment, and marketing agents or agencies,
website providers, web masters involved in the creation, design, execution, production, or fulfillment
of the Promotion, and members of their immediate families (spouses, parents, siblings and children,
regardless of where they live) and those living in the same household are not eligible to enter or win.
Social Media Platform Entries. If the Promotion is being run on a social media platform, each entrant
must be a member of the applicable social media platform and his or her account must be set to the
“public” setting in order to participate; joining the applicable social media platform used in the
Promotion is free – please visit the applicable social media platform’s website for more information
on how to join. Upon completing an entry, each entrant will automatically be entered with one (1)
entry into the Promotion. If an entrant deletes his or her entry before the end of the Entry Period, that
entrant will no longer be entered into the Promotion and must complete another entry before the end
of the Entry Period to be re-entered into the Promotion.
Limit of Entries. The limit of entries is set forth in the Official Rules. If no limit is specified, limit one (1)
entry per unique social media platform account or email address and per person for the Promotion
during the Entry Period. Multiple participants are not permitted to share the same email address or
social media platform account. Any attempt by any person to obtain more than the stated number of
plays and/or entries by using multiple and/or different identities, forms, registrations, email
addresses, logins, or any other methods will void that person’s plays and/or entries, and that person
may be disqualified at Sponsor’s sole and absolute discretion.
Additional Restrictions and Information. Each entrant must provide all required information and
follow all entry rules to be eligible to enter and win. Entries that do not include the required
components will not be eligible and will be disqualified. Bulk, automated and/or third-party entries
are prohibited and will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost,
late or misdirected, deceptive or otherwise not in compliance with the Official Rules and General
Terms may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Normal
Internet access, phone, and usage charges imposed by an entrant’s online or phone service may
apply.
2. Winning
Chances of Winning. For sweepstakes, the odds of winning are based on the number of eligible entries
received during the Entry Period.
Number of Winners. In no event will there be more than the stated number of winners (total and by
class (e.g., grand prize, runner-up, regular, etc.)) in the Promotion.
Notification of Winning. The potential winner(s) will be notified by Sponsor using a method
reasonably calculated to provide actual notice (which for Promotions run on a social media platform
will be by direct message via the social media platform used in the Promotion).
Alternate Winners. If the potential winner(s) cannot be contacted after 24 hours after the first attempt
to contact him/her, or if a potential winner is disqualified for any reason, Sponsor will award the
applicable prize to an alternate winner, which will be selected in accordance with the specific
selection procedures outlined in the Official Rules. For sweepstakes, unless otherwise agreed to by
Sponsor in its sole discretion, only two (2) alternate drawings will be held if a potential winner is
disqualified for any reason or cannot be contacted, after which that prize will remain un-awarded.
Verification. Winning a prize is contingent upon fulfilling all requirements set forth herein and an
entrant is not a winner of any prize unless and until that entrant’s eligibility has been verified and that
entrant has been notified that verification is complete. Sponsor reserves the right to verify the
eligibility of winners, whose decisions are final and binding in all matters related to the Promotion. A
potential winner may be required to sign and return an affidavit of eligibility.
Disputes. In the event of a dispute as to any winning entry, the authorized account holder of the email
address associated with the entry (or associated with the social media platform account associated
with the entry) will be deemed to be the entrant. The “authorized account holder” is the natural
person assigned an email address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain associated with the submitted
address. Potential winners may be required to show proof of being the authorized account holder to
Sponsor or forfeit the prize.
3. Prizes
The approximate value of any prize or element thereof represents Sponsor’s good faith
determination.
Each winner is solely responsible for payment of any and all applicable federal, state, provincial,
territorial, and local taxes, fees (including any import fees), and surcharges imposed on the
acceptance of the applicable prize. Physical elements of a prize will be delivered to a winner, at
Sponsor’s cost and by post or common carrier selected by Sponsor, to the address provided by that
winner. Shipped elements of a prize will not be insured and Sponsor will not assume any liability for
lost, damaged or misdirected prizes or elements thereof.
No substitution or exchange of any prize will be allowed, except by Sponsor, who reserves the right to
substitute a prize, or component thereof, of equal or greater value in case of unavailability of a prize,
or component thereof, or force majeure.
4. Content Submissions
By entering in the Promotion, you agree that your entry and any other materials submitted in
connection with the Promotion may be posted on Sponsor’s website and/or other social media
platforms or applications associated with the Promotion in a manner that is consistent with the
Official Rules and General Terms.
Entries, comments and content submitted or uploaded to any social media platforms or other public
sites in connection with the Promotion (collectively, “Content Submissions”) may not contain, depict
or show any content that:
is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or
pornography;
promotes any activities that may appear unsafe or dangerous, or any political agenda or
message;
promotes bigotry, racism, hatred or harm against any group or individual or promotes
discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual
orientation, political orientation, citizenship, ancestry, marital status, or age;
contains use of firearms/weapons/ammunition, any illegal drugs, violence, or the use of
alcohol or tobacco products;
promotes gambling, including without limitation, any content related to online casinos, sports
books, bingo, or poker;
defames, misrepresents or contains disparaging remarks about Sponsor or other companies;
contains trademarks, logos, or trade dress (such as distinctive packaging or building
exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings,
and other works of art or images published via websites, television, movies or other media)
owned by any third party, without permission;
contains any personal identification, such as license plate numbers, last names (first names
are permitted), e-mail addresses or street addresses for any person other than entrant, or
otherwise infringes on the privacy of any person other than an entrant;
communicates messages or images inconsistent with the positive image and good will of
Sponsor’s brand (including any cruelty to, or mistreatment in any way of animals);
contains any viruses, spyware, malware, or other malicious components that are designed to
harm the functionality of a computer in any way; or
violates any law.
Content Submissions will be disqualified that:
contain, depict or show such content; that exceed any required file size or length limits
imposed by Sponsor (or any person or entity acting on behalf of Sponsor in connection with
the Promotion) or any third-party social media platform
violate these Content Submission requirements; or
violate the Official Rules and General Terms.
Sponsor (or any person or entity acting on behalf of Sponsor in connection with the Promotion)
reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it
believes is inappropriate or not suitable for publication, that does not comply with the Official Rules
and General Terms, or that is not consistent with the spirit or theme of the Promotion.
If the Content Submission contains an identifiable person other than the entrant who submitted the
Content Submission, by submitting the Content Submission, the entrant represents and warrants that
he/she has obtained the consent of such person to the use of the Content Submission as outlined
herein and such person may be required to provide written consent to use by Sponsor (or any person
or entity acting on behalf of Sponsor in connection with the Promotion) of the Content Submission.
By submitting a Content Submission, entrant explicitly acknowledges and agrees that for a period of
ten (10) years, renewable at Sponsor’s option, Sponsor and its legal representatives, successors and
assigns shall have the irrevocable, worldwide right to license, sub-license, edit, alter, post, reproduce,
publicly display and publish, in any media, including online, any or all material which you upload to
any websites, social media platforms, and applications associated with the Promotion, with or
without first and/or last name credit to the entrant without any additional consideration or approvals
from or to entrant; and Content Submissions that attempt to restrict this right will not be considered.
Each entrant warrants and represents that his/her Content Submission is original, has not been
previously published or won any award, does not contain any material that would defame or
otherwise violate or infringe upon the rights of any third party, including patents, copyrights,
trademarks or rights of privacy or publicity, complies with the Official Rules and General Terms, and
will not violate any federal, state or local laws or ordinances.
5. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any
fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity
or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor and
its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible
entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions
or miscommunications, telephone transmission problems; computer or software malfunctions or
damage to a user’s computer equipment (software or hardware); technical failures; or other errors or
malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or
submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any
term of the Official Rules and General Terms shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY
WEBSITE OR SOCIAL MEDIA PLATFORM ASSOCIATED WITH THE PROMOTION OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND,
SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK
DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to
tamper with or undermine the entry process, any website associated with the Promotion, and/or the
legitimate operation of the Promotion; to violate the Official Rules and General Terms; or to act in an
unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any
other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in
its sole discretion, void any suspect entries and (a) modify or suspend the Promotion to address the
impairment and then resume the Promotion in a manner that best conforms to the spirit of the Official
Rules and General Terms; or (b) award any prize at random from among the eligible, non-suspect
entries received up to the time of the impairment.
6. Release and Limitations of Liability
By participating in the Promotion, entrants agree that Sponsor, the applicable social media platform
provider (e.g., TikTok, Facebook, Instagram, Twitter, etc.) and their respective affiliates, subsidiaries,
representatives, consultants, contractors, legal counsel, advertising, public relations, promotional,
fulfillment and marketing agents and agencies, website providers, web masters, and their respective
officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible
for:
any incorrect or inaccurate information, whether caused by entrants, printing errors or by any
of the equipment or programming associated with or utilized in the Promotion
technical failures of any kind, including, but not limited to malfunctions, interruptions, or
disconnections in phone lines or network hardware or software;
unauthorized human intervention in any part of the entry process or the Promotion;
technical or human error which may occur in the administration of the Promotion or the
processing of entries; or
any injury or damage to persons or property which may be caused, directly or indirectly, in
whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of
any prize.
No more than the stated number of prizes will be awarded. In event that production, technical,
seeding, programming or any other reasons cause more than stated number of prizes as set forth in
the Official Rules and General Terms to be available and/or claimed, Sponsor reserves the right to
award only the stated number of prizes by a random drawing among all legitimate, un-awarded,
eligible prize claims.
BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE
NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY
LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL
INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE
PROMOTION OR IN ANY RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY APPLICABLE
SOCIAL MEDIA PLATFORM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM SAID SITE OR APPLICATION, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR
INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF
ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE
TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROMOTION, INCLUDING ANY
WEBSITES AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME
JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. Publicity Release
Except where prohibited by law, each winner grants to Sponsor (which grant will be confirmed in
writing on request of Sponsor), its subsidiaries, affiliates, retailers, distributors, advertising,
sweepstakes and similar promotional agencies, suppliers, and those acting pursuant to its authority,
the right and permission to print, publish, broadcast, and use, worldwide in any media now known or
hereafter developed, including, but not limited to, the world wide web, at any time or times, such
winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade,
and promotional purposes (including the announcement of his or her name on television or radio
broadcast) without additional consideration, compensation, permission, or notification.
8. Intellectual Property
By submitting an entry, entrant agrees that all Content Submissions that entrant may submit to
Sponsor or otherwise post in connection with the Promotion, including all rights embodied therein,
whether sent via electronic mail, a social media platform or any other means, with the exception of
personally identifiable information as identified in Sponsor’s Privacy Notice, are deemed to be non-
confidential and non-proprietary and Sponsor shall have no obligation of any kind with respect to
such content submissions. Sponsor shall be free to edit, exploit, modify, publish, reproduce, use,
disclose, disseminate and distribute the Content Submission to others without limitation in any and
all media now known or not currently known, throughout the world for any purpose without
compensation, permission or notification to entrant or any third-party. Entrant hereby grants to
Sponsor and its legal representatives, successors and assigns, for a period of ten (10) years, renewable
at Sponsor’s option, an irrevocable, and world-wide license to use the Content Submission in any
form or format and to modify the same, and acknowledges and agrees that if Sponsor does use the
Content Submission, entrant shall not be entitled to any credit, consideration, notice or payments of
any kind. Entrant waives any moral rights he or she may have to the Content Submission and agrees
that if Sponsor elects to use Content Submission for any purpose, all rights under copyright or other
intellectual property rights which may result from that relating to entrant’s content submission or
from use of the same by Sponsor shall be the sole property of Sponsor. Entrant further agrees that if
Sponsor elects to use entrant’s Content Submission, entrant will execute any documents requested by
Sponsor regarding this assignment. If any use by Sponsor of the Content Submission causes it to be
liable to any third-party, entrant agrees to indemnify Sponsor and its agents, employees, affiliates,
subsidiaries, representative and all related parties from and against any and all damages, costs,
judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of
the Content Submission.
Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name,
product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in
the Promotion. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose
whatsoever. In addition, entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest
exclusively to Sponsor, and each entrant agrees that he or she has not and will not take any action
that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP
except for the limited license granted to entrants as set forth herein is transferred or created.
9. Disputes
Except where prohibited by law, entrant agrees that: (i) any and all disputes, claims and causes of
action arising out of or connected with the Promotion or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by the United States District
Court for the Southern District of New York or the appropriate State Court; (ii) any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering the Promotion, but in no event attorneys’ fees; and (iii) 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. The Official Rules and General Terms will be governed by, and interpreted in accordance
with the laws of the state of New York, excluding that state’s choice-of-law principles, and all claims
relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or
otherwise, will be governed by the laws of state of New York, excluding that state’s choice-of-law
principles.
10. Privacy
US Entrants. Any personal information sent to, shared with or collected by Sponsor in connection with
this Contest is subject to Sponsor’s Privacy Notice and each entrant understands that he/she is
providing such information to Sponsor and to any social media platform provider (or its affiliates) (or
its affiliates). Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service
providers may use entrants’ personal information submitted with entry for purposes of administering
the Promotion (including but not limited to contacting and announcing the winner), for prize
fulfillment, and/or for future marketing by Sponsor, such as to notify them of a product or promotion
that Sponsor thinks may be of interest. If an entrant has questions or concerns about the use of
personal information by Sponsor, an entrant can contact Sponsor by emailing Sponsor at
tiktok@barberitos.com. If Sponsor needs, or is required, to contact an entrant concerning any event that
involves the entrant’s personal information, Sponsor may do so by email, direct message, telephone,
or mail.
11. Social Media Platform Disclaimer
If the Promotion is being run on a social media platform, entrants in the Promotion, by participating
in the Promotion via that social media platform, are also subject to that social media platform’s data
policy, privacy policy, terms of use or other similar policies. Please visit the applicable social media
platform’s website for more details.
If the Promotion is being run, promoted, and/or publicized on any social media platform, entrants
acknowledge that the Promotion is in no way sponsored, administered, or endorsed by the applicable
social media platform(s) Entrants acknowledge the non-responsibility of the owner of the applicable
social media platform, its officers, directors, employees and agents with regards to all aspects of the
Promotion. Entrants specifically agree to release the applicable social media platform, its officers,
directors, employees and agents from any and all liability associated with the Promotion.
12. Nature of Relationship/Waiver of Equitable Relief
Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and
other materials, and that new ideas are constantly being submitted to it or being developed by its
own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or
identical to the Content Submission and/or each other in theme, idea, format or other respects. Each
entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a
result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and
agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or
indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the
copyright in and to the Content Submission. Finally, each entrant acknowledges that, with respect to
any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any
Content Submission or other material submitted in connection with the Promotion, the damage, if
any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle
such entrant to seek injunctive or other equitable relief or in any way enjoin the production,
distribution, exhibition or other exploitation of the Content Submission or any material based on or
allegedly based on the Content Submission, and the entrant’s rights and remedies in any such event
shall be strictly limited to the right to recover damages, if any, in an action at law.
13. List of Winner(s)
Winners List. For a winners list, send a stamped, self-addressed envelope to:
Think Traffic
Attn: Barberitos Winners List
417 N. 8th
Street, Suite 300
Philadelphia, PA 19123
All requests for a winners list must be received no later than 30 days after the date of selection of the
winner(s).
Copyright ©2023 Barberitos