OFFICIAL RULES
TORCHY’S 2021 TACOS FOR A YEAR CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
Success Foods Management Group, LLC d/b/a Torchy’s Tacos (“Torchy’s”) is conducting a Contest in which it will be giving away gift cards to participants entering by phone and online. By entering this Contest, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions regarding this Contest shall be made by Torchy’s and all such decisions are final and binding in all respects.
1. CONTEST PERIOD. This Contest begins January 1, 2021, 7:00 AM CST and ends January 1, 2021, 11:59 PM CST (the “Contest Period”), and no prizes will be awarded for entries received after the end of the Contest Period.
2. ELIGIBILITY. This Contest is only open to residents of the contiguous United States who are at least 21 years old as of the date of entry, except members, managers, officers and employees of Torchy’s and/or any other party associated with the development or administration of this Contest and/or the immediate family (i.e., parents, children, siblings, spouse) and persons residing in the same household as such individuals. This Contest is void where prohibited by law.
3. HOW TO ENTER. Call “Torchy’s Hangover Hotline” to be automatically entered for a chance to win Free Tacos for a Year or visit www.torchys.com/contest during the Contest Period and follow the instructions to complete and submit the entry form. All entries become the property of Torchy’s and will not be acknowledged or returned. There is a limit of one entry per phone number for phone entries and one entry per e-mail address for online entries during the Contest Period. Standard text and phone rates apply.
4. WINNER SELECTION AND NOTIFICATION. Winner selection will be determined by Torchy’s on or before January 6, 2021. Any potential winner will be notified by email for online entries or telephone call and/or text message for phone entries. Standard text and phone rates apply. If a potential winner cannot be contacted, does not respond within five (5) days from the date Torchy’s first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Contest or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Contest, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, if any, such individual will be declared a “winner” in the Contest.
5. PRIZE DESCRIPTION. There will be 10 winners. The prize will be awarded in the form of one $500 Torchy’s Tacos gift card and may be changed, altered or substituted by Torchy’s before or during the Contest Period.
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winners’ sole responsibility.
7. ODDS OF WINNING. The odds of winning any prize in this Contest depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. No substitutions for the prize except by Torchy’s.
9. CONSENT AND RELEASE. By entering the Contest, each entrant releases and discharges Torchy’s and any other party associated with the development or administration of this Contest, each of their parents, subsidiaries, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, transferees and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Contest, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by Torchy’s or others authorized by Torchy’s; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner.
10. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Torchy’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address or phone number submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address or phone number by an Internet Access Provider, online service provider, telephone/mobile service provider or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or for assigning phone numbers for the number associated with the submitted phone number. (ii) Torchy’s, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter online or by phone is prohibited and may result in disqualification at the sole discretion of Torchy’s. (iii) Torchy’s further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, TORCHY’S RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. APPLICABLE LAWS AND JURISDICTION. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Texas. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Austin, Texas. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.
12. SPONSORSHIP. This Contest is sponsored by Success Foods Management Group, LLC d/b/a Torchy’s Tacos, 4501 Springdale Rd, Austin, Texas 78723.