CINCO DE MAYO 2022 TACO KIT GIVEAWAY OFFICIAL RULES
Sponsor: Somos Amigos Inc.
By participating, you (“entrant” or “you”) agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
1. GIVEAWAY PERIOD. The Cinco de Mayo 2022 Taco Kit Giveaway (the “Giveaway”) begins at 12:00 a.m. Pacific Time (PT) on April 18, 2022, and ends at 11:59 p.m. PT on May 1, 2022 (the “Giveaway Period”). The sole determinant of time for the purposes of receipt of a valid entry in this Giveaway will be Sponsor’s clock. Proof of submission (screen captures, etc.) does not constitute proof of entry.
2. ELIGIBILITY. The Giveaway is offered and open only to legal residents of the 50 United States and the District of Columbia, who are at least the age of majority in their jurisdiction of primary residence. Void elsewhere and where prohibited by law. Employees, officers, directors, and their immediate families (defined as parent, child, sibling, spouse) of Sponsor, their parent companies, subsidiaries, divisions, affiliates, and agencies (collectively, the “Giveaway Entities”) are not eligible to enter the Giveaway or win the Prize (as defined below). The Giveaway is subject to all applicable federal, state, and local laws.
3. HOW TO ENTER.
- a. Online Entry: Internet access required. Enter the Giveaway online by completing the following steps: (i) follow Somos Amigos Inc. on Instagram at “@eatsomos” and tag three (3) friends in the comments on any post announcing the Giveaway on Instagram (an “Instagram Entry”), or (ii) follow Somos Amigos Inc. on TikTok at “eatsomos” and tag three (3) friends in the comments on any post announcing the Giveaway on TikTok (a “TikTok Entry”). If you do not have an Instagram or TikTok account, please see Section 11 (Social Media) for guidance on how to create an account.
- b. Mail Entry: Mail a sealed envelope including a page with your first and last name, mailing address, phone number, email address (if available), date of birth, and an indication whether the entry is in lieu of a TikTok Entry or Instagram Entry, and a reference to the “Cinco de Mayo 2022 Taco Kit Giveaway” to Somos Amigos Inc. at P.O. Box 160102, Austin, TX 78746, Attn: Cinco de Mayo 2022 Taco Kit Giveaway. No metered mail will be accepted. All mail-in entries must be received by Sponsor by May 1, 2022 at 11:59 p.m. PT. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Each page will receive one (1) entry into the Giveaway. Subject to Section 3(c), limit two (2) entries per outer mailing envelope.
- c. Limit of two (2) entries per person during the Giveaway Period. For the avoidance of doubt, if you use the online entry method, you may enter once through each social media platform. If you submit an online entry through an applicable social media platform and also submit a mail entry which indicates the mail entry is in lieu of the same social media platform, your mail entry will be discarded. In the event of a dispute as to ownership of an entry, such entry shall be deemed made by the authorized account holder of the social media username associated with the entry, as applicable. Authorized account holder is defined as the natural person who is assigned to an username by an Internet access provider, online service provider, or other organization responsible for assigning account usernames for the applicable social media platform.
- d. Any attempt to obtain more than the stated number of entries by using multiple/different email addresses, identities, social media accounts, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. AN ENTRY MUST BE RECEIVED DURING THE GIVEAWAY PERIOD TO BE ELIGIBLE. No other means of transmission or delivery will be accepted. Late, incomplete or misdirected entries will be declared void and will be ineligible to win. The sole determinant of time for the purposes of receipt of a valid entry in this Giveaway will be Sponsor.
4. RANDOM DRAWING. On or about May 2, 2022, the Sponsor will conduct two random drawings from eligible entries received. The first potential winner will be selected in a random drawing among all eligible Instagram Entries received, including any mail entries that indicated they were in lieu of an Instagram Entry (the “Instagram Drawing”). The second potential winner will be selected in a random drawing among all eligible TikTok Entries received, including any mail entries that indicated they were in lieu of a TikTok Entry (the “TikTok Drawing”). ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY SPONSOR AT ANY TIME DURING THE GIVEAWAY PERIOD, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER.
5. PRIZES AND ODDS OF WINNING.
Two (2) prizes consisting of the following items (collectively, the “Prize”) will be awarded: A one (1) year subscription for Taco Kits, which consists of a Taco Kit shipped to the winner every two (2) weeks for twelve (12) months, for a total of twenty-six (26) total Taco Kits shipped to each winner. Approximate retail value (“ARV”) of each Prize: one thousand one hundred seventy dollars ($1,170). Odds of winning depend on the total number of eligible entries received. As used herein, a “Taco Kit” means one (1) taco kit worth up to forty-five dollars ($45), found at https://eatsomos.com/collections/tacos.
The Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind. Sponsor reserves the right to substitute the Prize (or portion thereof) of comparable or greater value, at its sole discretion. Sponsor is not responsible for and a winner will not receive the difference, if any, between the actual value of the Prize at the time of award and the ARV stated in these Official Rules or in any Giveaway-related correspondence or materials. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are the winners’ responsibility, regardless of whether the Prize is used in whole or in part.
6. HOW TO CLAIM YOUR PRIZE. Each potential winner will be notified via direct message on the social media platform used to submit an entry into the Giveaway or via mail (for mail entries), and must provide the potential winner’s name, email address (if available), a current mailing address, and the desired Taco Kit (collectively, the “Prize Information”) for delivery of the Prize. Before being declared an official winner, a potential winner may be required to execute and return an Affidavit of Eligibility, Liability & Publicity Release no later than ten (10) business days after the time such forms are postmarked as having been sent by Sponsor or that potential winner will forfeit his/her Prize. If a potential winner is found to be ineligible, or not in compliance with these Official Rules, or declines to accept the Prize, or if Sponsor does not receive a return message via the same medium used to notify the potential winner with the Prize Information within ten (10) business days, or if the Prize notification or Prize is returned as undeliverable, such potential winner will be disqualified and his/her Prize forfeited without compensation of any kind, and Sponsor may select an alternate potential winners from among all remaining eligible entries received. Sponsor will use winner’s information it receives to create a Sponsor account to process the Prize.
Prizes will be shipped to winners’ mailing addresses within four (4) weeks after the official winners are declared. The Giveaway Entities shall not be held responsible for any delays in awarding the Prize for any reason outside of their control.
7. CONDITIONS OF ENTRY. Entrants who have not complied with these Official Rules are subject to disqualification and their entries will be void. Sponsor reserves the right to disqualify any entrant’s registration in the Giveaway if Sponsor determines or suspects that the entrant has attempted to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices. Sponsor reserves the right to cancel, modify, or suspend this Giveaway at any time if fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Giveaway. In the event of cancellation, Sponsor reserves the right to select winners from among all eligible entries received up to the time of such cancellation, in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules. None of the Giveaway Entities or Instagram or TikTok, if applicable, warrant that access to the Giveaway will be uninterrupted. None of the Giveaway Entities or Instagram or TikTok, if applicable, are responsible for any problems that may arise, including but not limited to: (i) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Giveaway; or (ii) failed communications or communications that are jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (iii) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Giveaway, the processing of mail or entries, or the offering or announcement of the Prize or in any Prize notification documents; or (iv) any other errors of any kind relating to or in connection with the Giveaway, whether human, mechanical, clerical, electronic, or technical in nature; or (v) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Giveaway; or (vi) damage to a user's system occasioned by participation in this Giveaway or downloading any information necessary to participate in this Giveaway. By participating, each entrant warrants and represents that all personal information provided in conjunction with his/her participation is truthful, current, and accurate and is his/her own information. Entry information becomes the exclusive property of Sponsor upon submission.
8. RELEASES. As a condition of entering the Giveaway, entrant agrees: (i) to release, indemnify, and hold harmless the Giveaway Entities and Instagram and TikTok, if applicable, from any and all liability, loss, or damage incurred with respect to participating in the Giveaway or the awarding, receipt, possession, and/or use or misuse of the Prize; and (ii) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, any punitive, indirect, incidental, consequential, exemplary, or any other damages, other than for actual out-of-pocket expenses; and (iii) all causes of action arising out of or connected with this Giveaway or any awarded Prize shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees or court costs. Winner, by acceptance of the Prize, grants to Sponsor, the other Giveaway Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display his/her name, address (city and state of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material) in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
9. GENERAL. The failure of Sponsor to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in Giveaway-related materials, these Official Rules shall prevail. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Employees of Sponsor are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW. For the avoidance of doubt, the Giveaway is a “Sweepstakes” as that term is defined in each applicable jurisdiction.
10. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the appropriate state or federal court located in the State of Texas.
12. WINNERS’ LIST/OFFICIAL RULES. For a list of the winners, send a self-addressed, postage-stamped envelope to: Taco Kit Giveaway – Winners’ List Request, P.O. Box 160102, Austin, TX 78746 within three (3) months after conclusion of the Giveaway Period. For a copy of these Official Rules, print out these pages or send a self-addressed, postage-stamped envelope to: Taco Kit Giveaway – Official Rules Request, P.O. Box 160102, Austin, TX 78746 prior to the end of the Giveaway Period. Only one request of either type, mailed separately, will be fulfilled. Vermont and Washington residents may omit return postage.
13. PRIVACY POLICIES. Excluding any information you provide to Instagram or TikTok in connection with using those social media platform (such as creating a user account), you understand that you are providing your information to Sponsor and not to Instagram or TikTok, as applicable. Personal information obtained by Sponsor in connection with the Giveaway will only be used as provided in any applicable privacy policies of Sponsor, available at https://eatsomos.com/pages/privacy-policy If you are selected as a winner, your information may also be included in a publicly available winners’ list. Any questions, comments, or complaints regarding this Giveaway shall be directed to Sponsor and not to any social media platform used to enter the Giveaway (such as Instagram or TikTok), if applicable, or any other person or entity.