Taco Bell – 54th Birthday Gift Exchange – Win 1 of 1,000 Instant Win prizes
Taco Bell’s 54th Brithday Gift Exchange Instant Win Game
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A GIFT. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING
ELIGIBILITY: The Taco Bell’s 54th Birthday Gift Exchange Instant Win Game (“Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Taco Bell Corp, Deutsch LA, Inc., Sponsor’s promotional partners, Prize Logic, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
SPONSOR: Taco Bell Corp., 1 Glen Bell Way, Irvine, CA 92618. ADMINISTRATOR: Prize Logic, LLC, 25200 Telegraph Road #405, Southfield, Michigan 48033.
PROMOTION PERIOD: The Promotion begins at or about 9:00 A.M. Pacific Time (“PT”) on March 21, 2016, and ends at 11:59:59 PM PT on March 21, 2016 (“Promotion Period”). The Administrator’s computer is the Promotion’s official clock.
AGREEMENT TO OFFICIAL RULES: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Promotion. For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
HOW TO PLAY THE PROMOTION: During the Promotion Period, an eligible entrant (“Entrant”) must sign in to www.tacobell.com (the “Website”) and affirm he/she has read and agrees to be bound by the Official Rules. If an Entrant does not have a username or Taco Bell user ID he/she can sign up for an account at no cost on the Website. After signing in to the Website and affirming that he/she has read the and agrees to the rules, a potential must follow the links and instructions to spin the wheel to play the Instant Win Game (a “Game Play”) and see if he/she is a winner. Entrants will be instantly notified whether are a winner and if they have been randomly selected to give a gift to another Entrant from one (1) of the four gift categories (“Gift Categories”). The Gift Categories include: Accessories, Apparel, Home/Living, and Random. An Entrant who is randomly selected to give a gift to another Entrant will in turn receive a Gift from the respective Entrant that he/she is randomly matched up with, subject to verification of each Entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. All Entrants who are selected to give/receive a gift will receive an e-mail confirmation within approximately 24 to 48 hours from the time of his/her Game Play at the e-mail address associated with his/her account. Entrants who are not randomly selected to give/get a gift will receive a coupon for 25% off their online order at www.tacobell.com.
Entry Limit: There is a limit of one (1) Game Play per Entrant during the Promotion Period. If more than one (1) Game Play is received from the same Entrant and/or e-mail address, only the first Game Play received will be considered valid. All Game Plays must be completed and received by Sponsor or its authorized designee by 11:59:59 PM PT on March 21, 2016.
GIFTS, APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING:
Gifts (1,000): The Gifts are as follows:
Category Gift Description Quantity Available ARV
Accessories A Taco Tote 25 $19.36
Accessories A Pair of Aviator Sunglasses 275 $12.28
Accessories A Drawstring Backpack 25 $22.35
Accessories A Taco Trifold Wallet 25 $17.45
Apparel A Taco Fighter Trucker Hat 25 $21.53
Apparel A Taco Hot Sauce Adult Apron 50 $25.71
Apparel A Pair of Taco Socks 25 $21.44
Home/Living A Coffee Mug 25 $26.38
Home/Living A Mason Jar Glass 25 $17.31
Home/Living An 8×8 Canvas Taco Art Print 275 $10.50
Random A Taco Spiral Notebook 200 $17.07
Random A Taco iPod Speaker 25 $25.10
For all Gifts, sizes and styles will be selected by Sponsor in its sole discretion. No more than one thousand (1,000) Gifts will be awarded.
Total ARV: The total ARV of all Gifts is $15,237.
General Conditions on Gifts: The total number of Gifts will not exceed the number of Gifts as set forth above. All Gifts will be awarded provided there are a sufficient number of eligible winners. Entrants who are confirmed as winners will receive one (1) Gift from another Entrant that they he/she is randomly matched up with based on the category the other Entrant landed on when playing the Instant Win Game. Gifts that are unclaimed, unredeemed or returned as undeliverable may not be awarded. If, for any reason, more Gift notifications are sent (or more claims are received) than the number of Gifts offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Gifts through a random drawing from among all eligible Gift claims received. Limit of one (1) Gift per Entrant. No Gift substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Gift of equal or greater value in case of unavailability of a Gift or force majeure. All potential winning Game Plays are subject to verification by Sponsor or Administrator, whose decisions are final and binding. An Entrant is not a winner of any Gift, even if the Promotion should so indicate, unless and until Entrant’s eligibility and the potential winning Game Play have been verified and Entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. Any Game Play that occurs after the system has failed for any reason is deemed a defective play, is void, and will not be honored.
Odds of Winning: To be a winner, an Entrant’s Game Play must have occurred at the exact randomly predetermined winning time associated with a Gift as determined by Sponsor and/or Administrator or, if a Game Play does not occur at the exact randomly predetermined winning time, Entrant’s Game Play must be the first Game Play following the predetermined winning time associated with a Gift. Odds of winning depend on the number of eligible Game Plays and the time at which Game Plays are received. The number of Gifts available to be won will decrease during the Promotion Period as Gifts are awarded and claimed.
HOW TO CLAIM A GIFT: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be notified via e-mail at the e-mail address used to register for the Promotion with instructions on how to claim the Gift. Failure to provide all required information within the stated time period may result in forfeiture of a winner’s right to claim the Gift, and may result in the Gift being awarded to an alternate winner, if time permits. Upon verification of eligibility, Sponsor will arrange delivery of each Gift, which may include being mailed to the winner at the physical address (P.O. Boxes are not permitted) provided at the time of registering for the Promotion. The Promotion Entities shall not be held responsible for any delays in awarding a Gift for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Gift, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, the Gift may be forfeited. If a Gift is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible Game Plays received during the Promotion Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Gift, the Gift may not be re-awarded. Gifts are not transferable and include only the items specifically listed as part of each Gift. Any portion of a Gift not accepted by a winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any Gift won. Gift may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the Gift at the time the Gift is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Each Gift will only be awarded to a verified winner.
LIMITATION OF LIABILITY: By participating in this Promotion, Entrants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to Entrants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting a Gift; and (viii) Game Plays that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an Entrant’s privacy or spam filter settings that may divert any winner notification or other Promotion related e-mail to a spam or junk folder.
By entering the Promotion, each Entrant agrees: (i) to be bound by these Official Rules, (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Entrant’s Game Plays, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Gift (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, a Game Play is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Game Play in the Promotion, Entrant’s sole remedy is to enter the Promotion again to receive another Game Play. If, for any reason, the Promotion is not capable of running as planned or the integrity or feasibility of the Promotion is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible Game Plays received selected prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible Game Plays are received. If Sponsor, in its discretion, elects to alter this Promotion as a result of a Force Majeure event, a notice will be posted at the Website. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Gifts are claimed than are intended to be awarded for any Gift according to these Official Rules, the intended Gifts will be awarded in a random drawing from among all verified Gift claims.
Without limiting the foregoing, everything regarding this Promotion, including the Gifts, is 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.
DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a Gift, each Entrant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to on television (including live television), radio, the Internet, without notice, review or approval and without additional compensation except where prohibited by law.
GENERAL: This Promotion is subject to all federal, state and local laws and regulations. Winning a Gift is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Promotion other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her Gift. If it is discovered or suspected that a person has registered or attempted to register or receive Game Plays using multiple telephone numbers, identities or IP addresses, or use of proxy servers, or like methods, all of that person’s Game Plays will be declared null and void and that person will not be awarded any Gift that he/she might have been entitled to receive and such Gift may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Promotion, 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 Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will 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 PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE 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 a dispute as to the identity of an Entrant, the Game Play will be declared made by the primary account holder of the account associated with the e-mail address used when registering for the Promotion based on the applicable provider’s records. The potential winner may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the mobile device and associated mobile telephone number by a mobile telephone carrier (or primary owner of the e-mail address listed by the e-mail provider). If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Gift documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Game Plays and/or materials submitted will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and the Promotion details contained in any Promotion promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
WINNERS LIST: To obtain a list of the names of the winners, mail a self-addressed, stamped business-sized envelope to: The Taco Bell’s 54th Birthday Gift Exchange Instant Win Game – Winners List Request, PO Box 251328 West Bloomfield, MI 48325. Winners List requests must be received by May 20, 2016.
Sponsor: Taco Bell Corp., 1 Glen Bell Way, Irvine, CA 92618.
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