Frescolution Promotion
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Frescolution Promotion (the “Promotion”)
is open only to legal residents of the
fifty (50) United States and the District of Columbia who are at least eighteen
(18) years old at the time of entry.
Employees of Taco Bell Corp., R/GA Media Group, Inc., Twitter, Inc., ePrize,
LLC, and their parent and affiliate companies as well as the immediate family (spouse,
parents, siblings and children) and household members of each such employee are
not eligible. Subject to all applicable federal, state, and local laws and
regulations. Void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these
Official Rules and Sponsor’s and Administrator’s
decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling
all requirements set forth herein.
2. Sponsor:
Taco
Bell Corp., 1 Glen Bell Way, Irvine, CA 92618.
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The
Promotion begins on December 30, 2009 at 3:00 p.m. Eastern Time
("ET"), ends on July 26, 2010 at 2:59 p.m. ET (the "Promotion
Period"), and consists of fifteen (15) entry periods (each an "Entry
Period") as set forth in the table below.
Entry Period
|
Begins at 3:00 p.m. ET
|
Ends at 2:59 p.m. ET
|
Approximate Notification Date
|
1
|
12/30/09
|
1/11/10
|
1/11/10
|
2
|
1/11/10
|
1/25/10
|
1/25/10
|
3
|
1/25/10
|
2/8/10
|
2/8/10
|
4
|
2/8/10
|
2/22/10
|
2/22/10
|
5
|
2/22/10
|
3/8/10
|
3/8/10
|
6
|
3/8/10
|
3/22/10
|
3/22/10
|
7
|
3/22/10
|
4/5/10
|
4/5/10
|
8
|
4/5/10
|
4/19/10
|
4/19/10
|
9
|
4/19/10
|
5/3/10
|
5/3/10
|
10
|
5/3/10
|
5/17/10
|
5/17/10
|
11
|
5/17/10
|
5/31/10
|
5/31/10
|
12
|
5/31/10
|
6/14/10
|
6/14/10
|
13
|
6/14/10
|
6/28/10
|
6/28/10
|
14
|
6/28/10
|
7/12/10
|
7/12/10
|
15
|
7/12/10
|
7/26/10
|
7/26/10
|
R/GA Media
Group, Inc.'s computer is the official time-keeping device for the Promotion.
4. How to
Enter: During the Promotion Period,
visit www.drivethrudiet.com,
and follow the links and instructions to sign up as a member of
tacobell.com. To expedite the
fulfillment process, if you are a potential winner, please include a valid home
address, no P.O. Boxes. Once you
have signed up, follow the links and instructions to post a tweet about living
a Fresco lifestyle (the "Tweet).
Or, visit www.Twitter.com
or any third-party Twitter application, log in to your Twitter account and
follow the links and instructions to post a tweet about living a Fresco
lifestyle (the "Tweet). Your Tweet
is your entry on which your friends will "vote" by retweeting on
Twitter.com. Each Tweet must include the
hashtag #drivethrudiet and the link to the rules http://bit.ly/tbdtd in order to be an
eligible entry, and each corresponding retweet must contain the same hashtag
for it to count as a vote. For
directions on how to tweet or retweet, reference the links and instructions on
the Twitter website. By posting a Tweet,
you agree that your Tweet conforms to
the Guidelines and Content Restrictions as defined below and that Sponsor, in
its sole discretion, may disqualify you from the Contest if it believes, in its
sole discretion, that your Tweet fails to
conform to the Guidelines and
Content Restrictions.
Guidelines and Content Restrictions:
·
The
Tweet must comply with the terms and conditions of Twitter.com or any
third-party Twitter application;
·
The Tweet must not
state or imply that the Drive-Thru Diet will lead to weight loss, or is a
weight loss program;
·
The Tweet must
not contain material that violates or infringes another’s rights, including but
not limited to privacy, publicity or
intellectual property rights, or that constitutes copyright infringement;
·
The Tweet must
not contain brand names or trademarks, except for Sponsor's trademarks, which
entrant has a limited license to use for the sole purposes of posting a Tweet
in this Promotion;
·
The Tweet must not
contain content not created by entrant;
·
The Tweet must
not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory,
slanderous or libelous;
·
The Tweet must
not contain material that promotes bigotry, racism, hatred or harm against any
group or individual or promotes discrimination based on race, gender, religion,
nationality, disability, sexual orientation or age; and
·
The Tweet must
not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Tweet
is created.
Entrants
agree that each of the above Guidelines and Content Restrictions shall be
subject to Sponsor’s sole discretion.
Limit: Each participant may enter multiple
times during each Entry Period, but the winner will be the person who submitted
the one (1) eligible entry for the applicable Entry Period with the most
retweets in response to it. Multiple
entrants are not permitted to share
the same email address or Twitter account.
Use of any automated
system to participate is prohibited
and will result in disqualification. In
the event of a dispute as to any
registration, the authorized account holder of the email address or Twitter
account used to register will be
deemed to be the registrant or
player. The “authorized account holder”
is the natural person assigned a Twitter account by Twitter.com or an email
address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain
associated with the submitted address. Each
potential winner may be required to
show proof of being the authorized account holder. Sponsor is not responsible for lost,
late, incomplete, invalid, un-intelligible or misdirected Tweets, which are
disqualified. If you post updates to or
receive updates from twitter.com via SMS from your wireless phone, your
wireless-service provider may charge you for each text message you send and
receive. Please consult your
wireless-service provider regarding its pricing plans. If you have not signed up as a member of
tacobell.com, you must be an active holder of a non-private Twitter
account throughout the Promotion Period and for a reasonable time thereafter
(for potential notification purposes) to participate in this Promotion. Twitter accounts are free. All terms and conditions of
Twitter.com also apply. Multiple
entrants are not permitted to share
the same Twitter account.
5. Winner Determination and Requirements: The
eligible entrant with the highest number of eligible retweets at the end of
each Entry Period will be deemed the potential winner for that Entry
Period. Non-winning entries will not
carry over into subsequent Entry Periods and the number of retweets for a
particular Tweet will be set to zero at the beginning of each Entry
Period. Sponsor and R/GA Media Group,
Inc. will tabulate the number of retweets and their decisions as to the administration and operation of the Promotion
and the selection of the potential winners are final and binding in all matters
related to the Promotion. Sponsor and/or R/GA Media Group, Inc. will notify
the potential winners from the applicable Entry Periods, on or around the dates
set forth in the table above. In the
event of a tie for the most retweets during an Entry Period, the winner will be
determined by the timestamps on the original Tweets. The winner will be the one who submitted the Tweet
first. Each potential winner will be
contacted by Sponsor or R/GA Media Group, Inc., via email or his/her Twitter
account, depending on whether the potential winner is already a registered member
of tacobell.com. In order to receive any
direct messages from Sponsor or R/GA Media Group, Inc. via Twitter, an
entrant's account settings must be set to "unprotected" and/or
"public." Each potential
winner who has not already done so will be required to visit www.drivethrudiet.com
within five (5) days of the date the message was sent, to sign up for a
tacobell.com account and will also be required to provide the required full
contact information, including a valid mailing address (P.O. Boxes are not
permitted), email address, and confirmation of age eligibility, via the method requested
by Sponsor or R/GA Media Group, Inc. If
a potential winner cannot be contacted, fails to
respond as required to the direct message within the required time period, or
prize is returned as undeliverable, potential winner forfeits the prize. Potential winners must continue to comply
with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements.
In the event that a potential winner is disqualified for any reason,
Sponsor will award the applicable prize to
an alternate winner from the applicable Entry Period, based on the number of retweets
received, as described above. Only three
(3) alternate potential winners will be notified, after which the applicable prize
will remain un-awarded. Prizes will be
fulfilled approximately 8-10 weeks after the conclusion of the applicable Entry
Period of the Promotion.
6. Prizes: FIFTEEN (15) GRAND PRIZES (one (1) per
Entry Period): "Fresco for a Year" fulfilled as a $550.00 worth
of Taco Bell® Bucks gift certificates, terms and conditions apply, Approximate Retail Value: $550. Prizes are
non-transferable and no substitution will be made except as provided herein at
the Sponsor’s sole discretion. Sponsor
reserves the right to substitute a
prize for one of equal or greater value if the designated prize should become
unavailable for any reason. Winners
are responsible for all taxes and fees associated with prize receipt and/or
use. Odds of winning a prize depend on
the number of eligible entries received during each Entry Period and the number
of retweets the entries received. Limit:
One (1) prize per person
7. Release: By receipt of any prize, winner
agrees to release and hold harmless
Sponsor, R/GA Media Group, Inc., Twitter, Inc., Administrator, and their respective subsidiaries, affiliates, franchisees,
licensees, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, and each of their
respective parent companies and each such company’s officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action, including,
but not limited to, personal injury,
death, or damage to or loss of
property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Promotion
constitutes each winner’s consent to
Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any
media, worldwide, without further payment or consideration.
9. General
Conditions: Sponsor
reserves the right to cancel,
suspend and/or modify the Promotion, or any part of it, if any fraud, technical
failures or any other factor beyond
Sponsor’s reasonable control impairs the integrity or proper functioning of the
Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole
discretion, to disqualify any
individual it finds to be tampering
with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or
any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation
of the Promotion may be a violation of criminal and civil law, 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.
Sponsor’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that
provision.
10. Limitations of Liability: The Released Parties are not responsible
for: (1) any incorrect or inaccurate information, whether caused by entrants,
printing errors or by any of the equipment or programming associated with or
utilized in the Promotion; (2) technical failures of any kind, including, but
not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process
or the Promotion; (4) technical or human error which may occur in the
administration of the Promotion or the processing of entries; (5) late, lost,
undeliverable, damaged or stolen
mail; or (6) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole or in
part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is
confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is
another entry in the Promotion, provided that, if it is not possible to award another entry due to
discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in
its sole discretion, may elect to
hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the
prizes offered herein. No more than the
stated number of prizes will be awarded. In the event that production, technical,
seeding, programming or any other reasons cause more than the stated number of
prizes as set forth in these Official Rules to
be available and/or claimed, Sponsor reserves the right to
award only the stated number of prizes by a random drawing among all
legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant
agrees that: (1) any and all disputes, claims and causes of action arising out
of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the
United States District Court for the Eastern District of Michigan (Southern
Division) or the appropriate Michigan State Court located in Oakland County,
Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will
entrant be permitted to obtain
awards for, and entrant hereby waives all rights to
claim, indirect, punitive, incidental and consequential damages and any other
damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the entrant and Sponsor
in connection with the Promotion, shall be governed by, and construed in
accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules
(whether of the State of Michigan or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than the State of
Michigan.
12. Entrant's Personal
Information:
Information collected from entrants will be used as described in these Official
Rules, as described in the online entry registration page, and winners' names
will be included in publicly-distributed Winner List. Information will also be used as described in
Sponsor’s Privacy Policy http://www.drivethrudiet.com/privacypolicy.
13. Winner List: For the
Winner List, available after the promotion end date (listed above) and no later
than November 26, 2010, send an email with subject line: "Frescolution Promotion, Winner List Request," to WinListRequests@eprizefulfillment.com.
© 2009 ePrize, LLC. All rights reserved.