FRANK’S REDHOT COLLEGE FOOTBALL PROMOTION

Full Official Rules

 

NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR SENDING A TEXT MESSAGE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

THE FRANK’S REDHOT COLLEGE FOOTBALL PROMOTION (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID OUTSIDE THE UNITED STATES AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.

 

BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.

 

1.         ELIGIBILITY:

 

This Promotion consists of two (2) parts: (1) a random chance instant win program (“Instant Win Program”), and (2) a random chance grand prize sweepstakes (“Grand Prize Sweepstakes”). Collectively, the Instant Win Program, and the Grand Prize Sweepstakes are referred to as the “Promotion.”

 

The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are 21 years of age and older as of date of entry. The following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: employees, officers, and directors of Sponsor, associated partners in the Promotion, and their parent, subsidiary, and affiliated companies, alcoholic beverage suppliers, wholesalers, distributors, and importers, alcoholic beverage retailers, and Sponsor’s advertising and promotional agencies. All federal, state, and local regulations apply.

 

2.         START/END DATES:

 

The Instant Win Program begins at 12:01 a.m. Eastern Time (ET) on 9/15/18 and ends at 11:59 p.m. ET on 1/7/19 or when all Instant Win prizes have been awarded, whichever is earlier (“Instant Win Period”).

 

The Sweepstakes begins at 12:01 a.m. ET on 9/15/18 and ends at 11:59 p.m. ET on 12/16/18 (“Sweepstakes Period”). Please note that entries must be received by 11:59 p.m. ET on 12/16/18 to be eligible to win the Sweepstakes prize.

 

3.         HOW TO ENTER:

 

There are two (2) ways to enter the Promotion: (a) via SMS or (b) on the Internet.

 

(a)       SMS Entry: Submit an SMS entry from your mobile device (“Mobile Device”) by texting “XXREDHOT” to 77000 and follow the prompts. You will receive a return text message providing a link to www.XXFranksRedHot.com. Visit the site and follow the on-screen instructions to participate in the Instant Win Promotion and to be entered into the Grand Prize Sweepstakes. If you are an instant winner, you will receive an on-screen message confirming that you are an instant winner. Carrier’s standard messaging and data rates apply. All SMS entries must be submitted by 11:59 p.m. ET on 12/16/18 to be eligible to win the Sweepstakes prize. Entries received between 12:00 midnight ET on 12/17/18 and 11:59 p.m. ET on 1/7/19 are only eligible for a chance to win an Instant Win prize, while supplies last.

 

(b)       Internet Entry: To submit an Internet entry for free, go directly to www.XXFranksRedHot.com and follow the on-screen entry instructions to enter. Normal time rates, if any, charged by Internet service provider will apply. All Internet entries must be submitted by 11:59 p.m. ET on 12/16/18 to be eligible to win the Sweepstakes prize. Entries received between 12:00 midnight ET on 12/17/18 and 11:59 p.m. ET on 1/7/19 are only eligible for a chance to win an Instant Win prize, while supplies last.

 

Regardless of method of entry you have the option of including a photograph as part of your entry. The photograph should be an image of your Chicken Wings with Frank’s RedHot® sauce along with a Dos Equis beer, or a photo of any Frank’s RedHot® and Dos Equis® image, advertising, or logoed merchandise. If you choose to include a photograph you will earn an additional entry into the Sweepstakes portion of the Promotion. Photographs must comply with the guidelines set forth in Section 4 below.

 

By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions Sponsor and its appointed agents, which will be final and binding in all matters relating to the Promotion. By submitting an entry, entrants are automatically entered into both the Instant Win Program and the Sweepstakes. Limit one (1) entry per person, per day, regardless of method of entry. In you opt to include a photograph, each photograph must be unique. Duplicate photos will be disqualified. Limit one (1) Instant Win prize per person or household.

 

4.         PHOTOGRAPH GUIDELINES:

 

All entry information and photographs shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each entrant warrants and represents the following with respect to his/her Submission: that each submitted photograph (a) was taken by entrant and is his/her original work; (b) does not incorporate or include anything that would require the consent of any third party, including persons who have not provided their written consent (which shall be provided to Sponsor upon request thereof) to be photographed and the photograph to be used as permitted herein, or no third-party (non-Sponsor or associated partner) trademarks; (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party; and (d) does not violate these Official Rules, including the usage guidelines found herein.

 

Furthermore, by submitting an entry, entrant grants to Sponsor the right to display or otherwise use the photograph. Winning entries will grant Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license and right to use, display, reproduce, publish, distribute, make derivative works of, and otherwise commercially and noncommercially exploit the winning photographs as a condition of being selected as a winner.

 

Each entry must comply with the following requirements:

·         Photographs cannot have been submitted previously in a promotion of any kind.

·         Photographs should be created by entrant, and by entering them in the Sweepstakes, entrant warrants and represents that he/she is the sole author of each submitted photograph. Entrant further represents and warrants that he/she has secured permission from each and every other person in the photograph to post his/her image on the Internet. If a submitted photograph was taken by someone other than entrant, entrant must obtain a written transfer of ownership from the photographer transferring all photograph rights to entrant and must provide a copy of the written transfer agreement to Sponsor upon request, or the entry may not be considered. If, at any point, a dispute as to ownership of a photograph arises or a right of publicity issue is raised, the entry may not be considered, in Sponsor’s sole discretion.

·         Photographs submitted via Instagram or Twitter must adhere to the Instagram or Twitter Terms of Use set forth at http://instagram.com/legal/terms/ or www.Twitter.com.

 

All photographs will be evaluated by Sponsor to determine whether all individuals reasonably appear to be over the age of twenty-one (21) and whether the photographic content is in compliance with these Official Rules and The Beer Institute’s Advertising and Marketing Code. The Beer Institute’s Advertising and Marketing Code can be found at www.beerinstitute.org.

 

Photographs deemed by Sponsor, at its sole discretion, to fall into any of the following categories will be automatically disqualified:

·         Photographs that reflect irresponsible or excessive consumption.

·         Photographs deemed to be disparaging of Sponsor or associated partner, its brands, or anyone else.

·         Photographs containing any use of profanity, obscenity, nudity, racism, or sexual content.

·         Photographs promoting images and/or the use of drugs (legal or illegal), tobacco, or firearms or other weapons.

·         Photographs promoting any activity that may appear to be unsafe and/or dangerous.

·         Photographs that Sponsor deems to be contrary to The Beer Institute’s Advertising and Marketing Code.

 

Photographs may not contain any of the following, or they will be automatically disqualified:

·         Material that promotes bigotry, racism, hatred, harm, or violence against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

·         Material advertising or promoting any brand or product of any kind other than Sponsor’s and associated partner’s product images.

·         Content which may be deemed to infringe on the trademark, logo, or trade dress (such as distinctive packaging or phraseology) rights of any third party.

·         Copyrighted material owned by any entity other than Sponsor (including photographs and other works of art or images).

·         Material embodying the names, likenesses, or other indicia identifying any person other than Sponsor and associated partner’s product images, including, without limitation, celebrities and/or other public or private individuals, living or dead.

·         Material containing any personal identification, such as names, street addresses, or e-mail addresses other than those of Sponsor.

·         Material promoting any particular political party, agenda, or message.

·         Material communicating any messages or images inconsistent with the positive image and/or goodwill Sponsor wishes to project.

 

5.         PRIZES:

 

All Promotion prize details are at Sponsor’s sole discretion. The actual make and model of prizes included, where applicable, will be determined by Sponsor in its sole discretion. Prizes to be awarded “as is” and any and all warranties and/or guarantees (if any) shall be subject to the prize manufacturer’s terms; therefore, winners agree to look solely to such manufacturer(s) for any such warranty(s) and/or guarantee(s), if any. Any prize depiction is for illustrative purposes only and shall not be relied upon. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners are allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion.

 

(a)       Instant Win #1 Prize (50 available): A total of fifty (50) Instant Win #1 prizes will be randomly awarded during the Promotion Period. Each Instant Win #1 prize is a twenty five dollar ($25) gift card. Gift card shall be from the Sponsor designated gift card provider, and subject to the terms and conditions of the issuing gift card company.  Retail value of all Instant Win #1 prizes: $1,250.

 

(b)       Instant Win #2 Prize (15 available): A total of fifteen (15) Instant Win #2 prizes will be randomly awarded during the Promotion Period. Each Instant Win #2 prize is a Cooler, from the Sponsor designated manufacturer.  Exact make, model and size as solely determined and specified by Sponsor.  Each Instant Win #2 prize has an ARV of $300.  Retail value of all Instant Win #2 prizes: $4,500.

 

(c)       Grand Prize (1 prize): One (1) grand prize will be awarded. The grand prize consists of a trip for two to Santa Clara, CA including round-trip coach airfare for two from the gateway airport nearest winner’s residence to the nearest major airport as designated by Sponsor (i.e. SFO or SJC), departing on 1/5/19 and returning on 1/8/19, three (3) nights hotel accommodations for two (2) people (one room—double occupancy) in the San Francisco, CA,  San Jose, CA or Santa Clara, CA metro area, and a one thousand dollar ($1,000) credit, gift card or e-gift card to the Sponsor designated ticket service company (such as Stubhub.com or other Sponsor designated provider). ARV of grand prize: $5,000. Actual retail value of prize may be more or less depending on where winner resides.

 

In the case of the grand prize, exact transportation and accommodation details, dates, times, and terms to be determined at the sole discretion of Sponsor. If winner resides within one hundred fifty (150) miles of Santa Clara, CA, Sponsor reserves the right to substitute ground transportation or a $150 travel stipend in lieu of air transportation. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Other restrictions may apply. All travel must be completed by date determined by Sponsor, at its sole discretion, or prize will be forfeited. Once travel is booked, any penalties incurred as a result of changes to flights are the sole responsibility of winner. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and travel costs incurred as a result of seeking or winning a prize are the sole responsibility of grand prize winner. Any expenses or costs not expressly stated in the description of the prize above, including, but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service or facility charges, personal charges at lodging, security fees, taxes, or other expenses, are the sole responsibility of winner. Winner’s guest must be twenty-one (21) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as winner. Travel must be round-trip. Winner and guest are solely responsible for obtaining any required travel documents and travel insurance. Winner and guest must each execute an Affidavit of Eligibility and Publicity Release form provided by Sponsor or its appoint agent prior to issuance of tickets. Travel restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates. Sponsor is not responsible for any penalty charges incurred as a result of changes to tickets that have been issued. Any such penalties incurred are the sole responsibility of winner.

 

ARV of all prizes: $10,750.00.

 

All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with his/her federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.

 

6.         ODDS OF WINNING:

 

(a)       Instant Win

 

Odds of winning an Instant Win prize are dependent on the number of eligible Instant Win entries divided by the number of prizes available. Limit one (1) Instant Win prize per person or household.

 

(b)       Sweepstakes

 

Odds of winning the Sweepstakes prize are dependent on the number of eligible entries received.

 

7.         WINNER SELECTION, NOTIFICATION, AND VERIFICATION:

 

(a)       Instant Win

 

Potential Instant Win prize winners will be selected at random. If you are a potential Instant Win prize winner, you will receive an on-screen message stating that you have won an Instant Win prize, and you will receive on-screen instructions on how to claim your prize. You will then be sent a prize claim form via e-mail with instructions on how to claim your associated Instant Win prize.  The Instant Win prize award shall be as solely determined, designated and assigned by Sponsor.  Please note that you are not officially a winner until your eligibility has been verified and you have fully complied with these Official Rules. 

 

All potential Instant Win prize winners will be required to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within three (3) days of receipt. No potential Instant Win prize winner will be an official winner until any required paperwork has been returned and eligibility has been formally verified by Sponsor. If any potential Instant Win prize winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.  Limit one (1) Instant Win prize per person or household.

 

(b)       Sweepstakes

 

The potential winner in the Sweepstakes portion of the Promotion will be selected in a random drawing from among all eligible entries received, to be held on or about 12/17/18. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winner will be contacted by telephone. If the potential winner cannot be reached within twenty-four (24) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if the potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given.

 

The potential Sweepstakes prize winner (and their travel guest) will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within two (2) days of notification that he/she is a potential winner. No potential Sweepstakes Prize winner will be an official winner until his/her Affidavit of Eligibility and Liability/Publicity Release has been returned and eligibility has been formally verified by Sponsor. If the potential winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.

 

8.         LICENSE AND RELEASE:

 

Participation in the Promotion and acceptance of a prize constitute winner’s (and grand prize winner’s guest) permission for Sponsor or its agents to photograph, film, and record each winner and guest and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner and guest regarding the Promotion or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, winners, and grand prize winner’s guest acknowledge and agree that this Promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Twitter, and agree to release and hold harmless Instagram and Twitter, Sponsor, Sponsor’s advertising and promotional agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize (including without limitation a grand prize) or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any transportation companies, sporting organizations, and/or any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Sponsor is not responsible if any part of a Promotion prize (including without limitation a grand prize) cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase required to participate in the Promotion or to win any prize in the Promotion. A purchase does not increase odds of winning.

 

9.         ADDITIONAL TERMS:

 

Sponsor reserves the right to alter, suspend, or terminate the Promotion at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Promotion becomes or is likely to become compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion termination or suspension date will be included in the next prize drawing. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Delivery of a prize will require a street address located within the fifty (50) United States or the District of Columbia. Sponsor is not responsible for late, incomplete invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

 

In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

 

If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, fraud, technical failure, human error, or any other cause beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Promotion. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation or downloading of any materials in the Promotion.

 

Sponsor and its agents are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Promotion based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a random drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official rules shall prevail, govern and control.

 

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

 

Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

 

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION.

 

10.       DISPUTES AND GOVERNING LAW:

 

The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York.

 

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York, New York. The parties agree not to raise the defense of forum non conveniens.

 

11.       USE OF DATA:

 

Sponsor will be collecting personal data about entrants online, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy at https://www.franksredhot.com/privacy-policy/. By participating in the Promotion, entrant hereby agrees to Sponsor’s collection and usage of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s Privacy Policy. You are providing you information to Sponsor and not to Instagram or Twitter.

 

12.       LIST OF WINNERS:

 

To obtain a list of winners, send a self-addressed, stamped envelope with sufficient postage to: Winners’ List, Frank’s RedHot College Football Promotion, P. O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 2/7/19 and received by 2/15/19.

 

13.       SPONSOR: French’s Food Company LLC, 4 Mill Ridge Lane, Chester, NJ 07930.