GIVE-A-WAY OFFICIAL RULES

THE JALAPEÑO TREE® 30 YEARS OF CRAZY GOOD GIVE-A-WAY OFFICIAL RULES (December, 2023)

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE STATE OF TEXAS WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility:

This contest (“Contest”) is open to legal residents of the State of Texas who are eighteen (18) years of age or older at the time of entry and has submitted a valid registration on our official giveaway platform during the Contest Period. This Contest is not valid for residents of any other states.  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), and any affiliated wholesalers, distributors or retailers.

2. How to Enter Contest:

This Contest begins at 8:00:01 a.m. (Central) on January 1st, 2024 and will end at 11:59:59 p.m. (Central) on December 31, 2024 (“Contest Period”). The Contest can only be accessed by submitting your first name, last name, and email on our official giveaway platform during the Contest Period. 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. 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 every Month during the Contest Period. Odds of winning will be determined by the total number of eligible entries received. Each winner will be notified by email no more than three (3) days after 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.

5. Prizes:

One (1) prize will be awarded monthly to winners (each a “Cash Winner”) Between February 1, 2024, and July 31, 2024, each monthly Cash Winner will receive $1,000 USD cash. The winner for the month of August will receive $2,000 USD cash. The winner for the month of September will receive $3,000 USD cash. The winner for the month of October will receive $4,000 USD cash. The winner for the month of November will receive $5,000 USD cash. The winner for the month of December will receive $10,000 USD cash. Sponsor and its agencies are not responsible for nor will they replace any lost or stolen prizes.  The winners will be randomly selected from all eligible entries as detailed above and notified within three (3) days of the drawing that they won via email. Monthly winners will be announced once a month. 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

Palestine, 2300 TX-256 Loop, Palestine, TX 75801

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:

Sponsor and its agencies are not responsible for lost, late, misdirected, or incorrect postings on any social media outlets, digital, or online platform.  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 timekeeper 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.

9. General Information.

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.  A prize is non-transferable except at the sole discretion of the Sponsor.  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.

10. 10. 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., steve@twentyeast.com, 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 to Steve Herber, 20East Agency L.L.C., P.O. Box 8227, Tyler, Texas 75711.  All requests for the winner’s list must be postmarked by the end of the Contest and received within ten (10) days.

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 steve@twentyeast.com, 903-581-1014.

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE STATE OF TEXAS WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

© 2022 Jalapeno Tree Holdings, LLC.  The Contest is in no way sponsored, endorsed, administered or affiliated with Facebook, Instagram, or any other social media outlets.  All rights reserved.