GOLDEN CHICK SWEEPSTAKES Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN TEXAS, OKLAHOMA, LOUISIANA, ARKANSAS, MISSOURI, KANSAS, COLORADO AND NEW MEXICO ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE THESE STATES AS OF THE DATE OF ENTRY.
1. ELIGIBILITY: Golden Chick Sweepstakes (the “Sweepstakes”) is open to legal residents of TX, OK, LA, AR, MO, KS AND CO, who are 18 years of age or older as of the date of entry. Employees, contractors, directors and officers of Golden Chick (“Sponsor”), Tic Toc Inc., and their respective parents, subsidiaries and affiliated companies, distributors and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Sweepstakes (collectively “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. Void outside of TX, OK, LA, AR, MO, KS, and CO and where prohibited by law. Subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and judges decisions, which are final and binding on all matters related to the Sweepstakes.
2. PROMOTION PERIOD: Sweepstakes begins on June 18, 2012 at 11:00:00 a.m. local time and ends on August 31, 2012 at 10:00:00 p.m. local time (“Promotion Period”). The clocks located in participating Golden Chick Restaurants are the official clocks for this Sweepstakes.
4. DRAWING: Potential winners will be selected in a random drawing from among all eligible entries received, on or about September 17, 2012 by an independent judging agency, whose decisions are final and binding in all respects.
5. WINNER NOTIFICATION/REQUIREMENTS: Potential winners will be notified by e-mail, phone and/or regular/overnight mail at Sponsor’s discretion on or about September 20, 2012. If Sponsor cannot locate a winner within seven (7) days of date of attempted notification, the prize may be forfeited. Potential winners are subject to verification, including verification of age. Potential winners shall be required to complete, sign, have
notarized and return to Sponsor an Affidavit of Eligibility, a Liability/Publicity Release (unless otherwise prohibited) and a W-9 Form within seven (7) days of date of attempted notification. If a winner cannot be contacted within seven (7) days, fails to complete, sign, have notarized and return the Affidavit of Eligibility, Liability/Publicity Release and W-9 within the required time period, is not eligible or not in compliance with these Official Rules or a prize or prize notification is returned as undeliverable, prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
6. PRIZES: Grand Prize (1): $25,000.00 awarded in the form of a check payable to the winner. First Prizes (5): $1,000.00 awarded in the form of a check payable to the winner. Winner must accept prize as specified by Sponsor or prize may be forfeited. Prizes cannot be assigned, transferred or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason.
General Prize Conditions: Total ARV of all prizes: $30,000.00. FEDERAL, STATE AND/OR LOCAL TAXES (INCLUDING ANY INCOME AND WITHHOLDING TAXES) AND ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS REGARDLESS OF WHETHER THE PRIZE, IN WHOLE OR IN PART, IS USED. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. Winner will be issued an IRS 1099 form for prizes valued over $600. Limit one (1) prize per person/household. All prize details are at Sponsor’s sole discretion. Unclaimed prizes will not be awarded.
7. GENERAL CONDITIONS: By accepting a prize, each winner grants (and agrees to confirm this grant in writing, if requested) Sponsor and/or their designees the right to use his/her name, biographical information, testimonial, photo and/or likeness and/or prize information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties (as defined below) are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, stolen, misdirected, undelivered or garbled entries or for postage-due mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes, who are in violation of these Official Rules or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole
discretion to suspend, modify or terminate the Sweepstakes for any reason, including, but not limited to, should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, Sponsor will randomly select the winners from among all eligible, non-suspect entries received prior to action taken. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. Entrants may not use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion.
8. LIMITATION OF LIABILITY: By entering the Sweepstakes, entrants agree (and agree to confirm in writing) that the Promotion Entities and their respective officers, directors, employees and agents (collectively, “Released Parties”) (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further
extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THESWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
10. GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas County, Texas.
11. WINNERS LIST: For the names of the winners or a copy of the Official Rules, send your request to Golden Chick Sweepstakes Winners List or Official Rules Request, 4228 N.