THE JALAPEÑO TREE® 25 YEARS OF CRAZY GOOD GIVE-A-WAY PART TWO OFFICIAL RULES (June 27, 2019)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
This Context (“Contest”) is open to legal residents of the United States who are eighteen (18) years of age, or the age of majority in their state of residence, whichever is older. The following individuals are not eligible to enter or win a prize: employees, crewmembers, contractors, directors and officers of Jalapeno Tree Holdings, LLC (“Sponsor”), its parent, subsidiaries and affiliated companies, web design, advertising, legal, judging, advertising and contest agencies involved in the administration, development, printing, and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each), and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).
2. How to Enter Contest:
This Contest begins at 8:00:01 a.m. (Central) on August 2, 2019 and will end at 11:59:59 p.m. (Central) on December 27, 2019 (“Contest Period). The Contest can only be accessed by personally posting a comment and photo on The Jalapeño Tree Facebook page (www.facebook.com/JalapenoTree/) during the Contest Period about their experience at The Jalapeño Tree. Each personal posting will constitute a valid entry. Automated postings (using tools and/or applications to generate multiple postings) will automatically result in disqualification. There is no requirement to tag others or follow The Jalapeño Tree to enter. Sponsor is not responsible for technical difficulties, internet or cell phone service disruptions or other equipment or service issues which might affect the ability to post an entry, or any errors in any advertisement, or in these Official Rules. Sponsor assumes no responsibility for lost, late, misdirected, or incorrect postings, all of which are void.
3. Facebook Postings:
You hereby agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on The Jalapeño Tree Facebook page, postings that: (i) are or which encourage activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) is known by you to be false, inaccurate or misleading; (iv) you were compensated for or granted any consideration by any third party; (v) contains restricted or hidden content; or (vi) infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party. While Sponsor allows posting on its Facebook page, including images and comments, you should be aware that postings may not be reviewed by Sponsor before posting and does not necessarily reflect the views of Sponsor. All postings must be appropriate for a family audience. Any posting may be removed by Sponsor from The Jalapeño Tree Facebook page at any time and for any reason.
4. Determination of Winners:
All winners will be drawn by Sponsor randomly each Thursday during the Contest Period. Odds of winning will be determined by the total number of eligible entries received. Each winner will be notified by Facebook Direct Message no more than three (3) days of their drawing and will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within seven (7) days of notification or the prize will be forfeited and may be awarded to another winner selected at Sponsor’s sole discretion. If a winner cannot be located or does not respond to Sponsor’s attempt to notify them within seven (7) days, the prize will automatically be forfeited, and an alternate winner may be selected at Sponsor’s sole discretion. Except where prohibited, acceptance of a prize constitutes a winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.
Winners may be photographed with the awarded prize or may be requested to provide a photograph of themselves with said prize. Additionally, each winner grants permission to Sponsor, irrevocably and in perpetuity, to use and re-use, reproduce, copy, publish, broadcast, or otherwise use my name, picture, likeness, performance, voice or statements in any and all advertising, promotion and trade, including on the internet, with whatever copy it chooses, without restriction as to manner, frequency or duration of use. Each winner/recipient agrees that he/she shall have no right of approval, no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, editing, blurring or distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.
One (1) prize will be awarded each week to winners (each a “Cash Winner”) Between August 2, 2019, and November 7, 2019, each weekly Cash Winner will receive $1,000 USD cash. Winners between November 14, 2019, and December 19, 2019, will receive $1500 USD cash. One final winner will be selected for the final give-a-way on December 26, 2019, for $2000 USD cash. The winners will be randomly selected from all eligible entries as detailed above and notified that they won via Facebook Direct Message. Weekly winners will be announced each Thursday. Once notified, winners have 30 days to pick up their prize at the following participating The Jalapeño Tree locations:
Athens, 1112 East Tyler St., Athens, Texas 75751
Carthage, 510 W. Panola St., Carthage, Texas 75633
Denison, 3520 FM 120, Denison, Texas 75020
Henderson, 300 Highway 79 N., Henderson, Texas 75652
Nacogdoches, 637 N. University, Nacogdoches, Texas 75961
Jacksonville, 1427 E. Rusk St., Jacksonville, Texas 75766
Kilgore, 1520 Highway 259 N., Kilgore, Texas 75662
Longview, 508 N. Eastman Rd., Longview, Texas 75601
Marshall, 1000 East End Blvd. S., Marshall, Texas 75670
Tyler, 420 WSW Loop 323, Tyler, Texas 75701
Canton, 17270 I-20 Frontage Rd, Canton, Texas 75103
Gun Barrel City, 916 W Main Street, Gun Barrel City, Texas 75156
Mineola, 416 E. Broad Street, Mineola, Texas 75773
Mount Pleasant, 2506 W Ferguson Rd, Mt Pleasant, Texas 75455
All results are unofficial until the winners are verified by the Sponsor. Prizes may not be exchanged, substituted, transferred or redeemed for other prizes or cash by winners. Prizes are awarded “as is” with no guarantees or warranties as to use, merchantability, or fitness for a specific purpose, and Sponsor is not responsible for defective prizes. Sponsor reserves the right to substitute a prize in its sole discretion without an announcement, in which case a prize of equal or greater value will be awarded. Other terms and conditions may apply.
7. Limitation on Liability:
Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. All federal, state and local taxes on the prize are each winner’s sole responsibility. By accepting the prize, each winner waives the right to assert as a cost of winning said prize, any and all costs of redemption (including travel, lodging, meals and other expenses) to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Each winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
Entrants hereby agree to indemnify, and hold Sponsor harmless from and against any third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.
The value of the prize won by a participant under the contest may be taxable as income to its winner. Each winner is solely responsible for any and all taxes and/or fees associated with the prize. Each winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Liability/Publicity Release and a subsequent IRS Form 1099. Upon receipt of a prize, each winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
In consideration of the undersigned’s receipt of any prize, each winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever shall release, waive and discharge Sponsor and all related parties from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, winner’s participation in the Contest; winner’s Contest entry; use of winner’s name, likeness, biographical information, address, email and phone numbers, signature, image or likeness; winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
Sponsor will only accept one entry per person per week and each entrant can win only once throughout the Contest Period. Sponsor reserves the right to disqualify any entrant or modify, suspend, cancel or terminate the Contest if there is a tampering of the operation of the Contest or violation the Official Rules of the Contest or to abbreviate, modify, suspend, cancel or terminate the Contest at any time without notice or further obligation. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of a social media profile shall be determined by Sponsor in its sole discretion.
9. Contact Information.
Sponsor and its agencies are not responsible for lost, late, misdirected, or incorrect postings on Facebook. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries in this Contest. Sponsor is not responsible for a winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information. Automated postings (using tools and/or applications to generate multiple postings) will automatically result in disqualification. Final eligibility for the award of any prize is subject to eligibility verification as set forth herein. All entries must be submitted by the end of the Contest Period in order to participate. Sponsor will be the official time keeper for this Contest.
CAUTION: ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS 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.
8. Reservation of Rights:
Sponsor reserves the right to make changes to these Official Rules in its sole discretion which will become effective upon announcement. Sponsor reserves the right to cancel or terminate this Contest for any reason in the event that it cannot be run or administered as intended by the Sponsor. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to prosecute or seek damages from any such person to the fullest extent permitted by law.
9. Contact Information:
For questions or more information about this Contest, please contact the Contest Administrator: Steve Herber, 20East Agency L.L.C., firstname.lastname@example.org, 903-581-1014.
11. Sponsor and Administrator:
For a copy of these Official Rules, and/or a list of winners, please send a self-addressed stamped envelope within sixty (60) days of the end of this Contest to Steve Herber, 20East Agency L.L.C., P.O. Box 8227, Tyler, Texas 75711.
This Contest is sponsored by Jalapeno Tree Holdings, LLC, 1131 Rockingham Drive, Ste. 250, Richardson, TX 75080, and administered by Steve Herber, 20East Agency L.L.C., 20East Agency L.L.C., P.O. Box 8227, Tyler, TX 75711 email@example.com, 903-581-1014.