Baja Fresh® Cinco de Mayo Giveaway (“Sweepstakes”)
Official Sweepstakes Rules ("Official Sweepstakes Rules")
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL SWEEPSTAKES RULES. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITE INSTAGRAM®. These Official Sweepstakes Rules may be viewed online at: https://www.bajafresh.com/cincodemayogiveaway.
- Eligibility. The Sweepstakes is open only to legal residents of the United States and the District of Columbia, who are 18 years of age or older at the beginning of the Sweepstakes Period (as defined in Section 3), who have access to the internet and a valid email account, and, if entering through Instagram who have or open an account on Instagram.com. Participants who wish to sign up for an Instagram account may visit https://www.instagram.com/. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
Employees of, members of the immediate family of, or those domiciled with an employee (whether related or not) of Sponsor (as defined in Section 10), or its parent, affiliates, subsidiaries, and Cold Stone Creamery® licensees, franchisees and their employees are ineligible to participate or win.
An eligible individual, who enters the Sweepstakes, is hereafter referred to as an "Entrant" or "you". Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and may be required to verify that they meet eligibility requirements as outlined herein.
- How to Enter the Sweepstakes. To receive one (1) entry into the Sweepstakes, during the Sweepstakes Period, follow the official Baja Fresh Instagram page (@boldbajafresh) and like and comment in the comments section of Baja Fresh’s Instagram post promoting this Sweepstakes ("Entry"). You must like, follow, and comment to receive an Entry. You may comment more than one time; however, doing so will not increase your odds of winning. You may also enter as described in the Alternative Means of Entry section below.
Entries that are incomplete, defamatory, disparaging, hateful, offensive, illegible, false, deceptive, garbled, or portraying or advocating alcohol, illegal drugs, tobacco, firearms or weapons; or Entries that include any activities that may appear unsafe or dangerous, or that advocate any political agenda are not eligible, with such eligibility to be determined by Sponsor in its sole discretion.
Alternative Means of Entry: To receive one (1) entry without following Baja Fresh’s Instagram page, or liking or commenting on Baja Fresh’s Instagram post, during the Sweepstakes Period, email firstname.lastname@example.org, with the email subject “Baja Fresh Cinco de Mayo Giveaway Entry,” and provide your full name, email address, complete mailing address, daytime and evening telephone numbers (area code included).
Limit: One (1) Entry per Entrant throughout the Sweepstakes Period. Entrants may only receive one (1) Entry into the Sweepstakes, regardless of whether they enter through Instagram or by email, or both. Entrants are not permitted to use another person's identity. Any Entrant, who uses multiple names or otherwise attempts to enter multiple times in violation of these Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. If it is discovered by Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any Entrant has attempted or has used any other identities or system(s) or program(s) to participate in or disrupt the Sweepstakes, then such Entrant shall be disqualified from the Sweepstakes in the sole and absolute discretion of Sponsor. Failure to comply with these Official Sweepstakes Rules and the decisions made by Sponsor may result in an Entrant being disqualified from the Sweepstakes.
- Sweepstakes Period. The Sweepstakes begins on Monday, May 1, 2023 at 9:00 A.M. Scottsdale, Arizona time and ends Friday, May 5, 2023 at 4:59 PM Scottsdale, Arizona time (“Sweepstakes Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes Period. Any attempted entries outside of the Sweepstakes Period will not be accepted.
- Prize, Approximate Retail Value ("ARV") and Odds. All details and other restrictions of the prizes not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion.
Prize. Five (5) Entrants (each a “Prize Winner” and collectively, “Prize Winners”) chosen at random, will each be awarded one (1) prize pack (“Prize”), which shall consist of:
- One (1) Burrito Pop twistable burrito holder
- One (1) Gift Card for Baja Fresh valued at Twenty-Five and 00/100 USD ($25.00)
Total ARV: The total ARV of one (1) Prize is Sixty-Seven and 00/100 USD ($67.00). The total ARV of all Prizes is Three Hundred Thirty-Five and 00/100 USD ($335.00). Any difference between the approximate retail value and the actual retail value will not be awarded or refunded.
Odds: The odds of winning a Prize will vary depending on the number of valid, correct Entries received during the Sweepstakes Period.
No substitution, assignment, exchange of cash, currency, credit, or transfer of the Prize by a Prize Winner is allowed. Sponsor reserves the right to substitute a Prize for one of equal or greater value. Prize Winner is solely responsible for any local, state, federal and other taxes and charges in connection with the receipt and/or use of the Prize. Any additional expenses incident to the receipt and/or use of the Prize is sole responsibility of the Prize Winner. Should a potential Prize Winner decline or fail to claim a Prize, or be unreachable, Sponsor reserves the right to either select an alternate winner until the Prize is claimed or forfeit the Prize with no replacement winner being selected.
- Winner Selection. After the Sweepstake Period ends, on or about May 5, 2023 (“Winner Selection Date”), the Prize Winners will be selected in a random drawing from among all eligible entries received during the entire Sweepstakes Period. There will be a total of Five (5) Prize Winners selected. The Prize Winners must each claim his/her Prize as set forth in Section 6 below. Sponsor’s decisions in all matters relating to the Sweepstakes are final.
- Notification and Claiming Prize. Sponsor will notify the Prize Winners by sending a direct message (“DM”) to each Prize Winner at his or her Instagram account or by email on or about May 5, 2023 (“Notification”). To claim his/her Prize, each Prize Winner will be directed to contact the Sponsor with additional information, including his or her mailing address. The Prize will be delivered to Prize Winners by mail. Prize Winners may be required to execute the Sponsor’s affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor.
If a Prize Winner does not: comply with these Official Sweepstakes Rules; meet eligibility requirements; respond promptly to Sponsor’s Notification; return a properly completed affidavit of eligibility, liability/publicity release, or other document(s) required by Sponsor within the required timeframe (Prize Winners will have seven (7) days from the time of Sponsor's Notification to return all such documents); or timely comply with all of Sponsor’s instructions to claim a Prize, Sponsor has the option to either select an alternate winner until the Prize(s) are claimed or forfeit the Prize(s) with no replacement winner being chosen.
- General Conditions.By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and the decisions of the Sponsor and/or the independent Sweepstakes organization (as may be applicable), which are final. If for any reason the Sweepstakes is not capable of running as planned by reason of any acts of God (including, but not limited to, actions, regulations, orders, or requests by any governmental agency, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, pandemic or epidemic, or any other cause beyond Sponsor’s reasonable control) or any infection by virus, bugs, worms, malware, spyware, hacking, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or select the Winner from the Entries received prior to the action taken, or by other means deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if Sponsor: (a) learns or suspects that Entrant has misappropriated another’s identity or infringed upon the rights of any person or entity; (b) finds that Entrant has tampered, is tampering or plans to tamper with the entry process or the operation of the Sweepstakes; or (c) believes that Entrant has violated these Official Sweepstakes Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be in 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 Sweepstakes Rules shall not constitute a waiver of that provision.
By entering the Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s entry, name, image, likeness, voice, photograph, Instagram® statements, biographical information, content and Prize status, in whole or in part, for promotional, advertising and/or publicity purposes in any media, now known or later developed and available, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the Entrant, to the extent permitted by law. Sponsor is not responsible for any typographical or other error in the printing, the offering, or the announcement of a Prize or in the administration of the Sweepstakes.
Entrant consents to being contacted by Sponsor for Sweepstakes-related purposes, which include, but are not limited to, Prize eligibility notifications and Prize claim notifications. Entrant also pledges, agrees, and consents that he/she shall not employ the use of spamming software or some other electronic means to enter or influence the Sweepstakes or its results. All such participants and entrants shall be disqualified from winning a Prize. No two Entrants may share an Instagram® account.
- Release and Limitations of Liability. Except where prohibited by law, by participating in the Sweepstakes, each Entrant agrees to release, indemnify, defend and hold harmless Sponsor, and its related companies, promotional partners and prize suppliers (if applicable), Baja Fresh® licensees/franchisees, Instagram®, and their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, employees and agents (collectively, “Released Parties”) from and against any claim, cause of action, loss, fine, award, judgment, demand, lawsuit, obligation, interest, tax, penalty or other damage, including, without limitation, attorneys’ fees, expert fees and costs, arising out of or in connection with Entrant’s participation in the Sweepstakes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) errors in the administration of the Sweepstakes; or (d) 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 Sweepstakes and/or receipt and/or use of a Prize.
- Disputes. By entering this Sweepstakes, you agree: (a) to be bound by these Official Sweepstakes Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Maricopa County, Arizona; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, excluding Entrant’s attorneys' fees, expert fees and costs; and (d) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules and the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by and enforced in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona. These Official Sweepstakes Rules shall be binding upon and inure to the benefit of Sponsor’s and each Entrant’s respective successors, assigns, estates, executors and heirs.
- Sponsor. Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
- Winners List. A winners list will be available from June 5, 2023, to December 29, 2023, by email@example.com,with the subject line “Baja Fresh Cinco de Mayo Giveaway Winners List Request.” Winners list will contain first name, last initial and state of Prize Winners.
// End of Official Sweepstakes Rules //
©2023 Kahala Management, L.L.C. Baja Fresh® is a registered trademark of MTY Franchising USA, Inc. All other marks are the property of their respective owners.