Frank‘s® RedHot® and Checkers Rally‘s Heat your Tweet Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER AND ENTRY TO THE SWEEPSTAKES IS FREE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES TO WIN. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE LICENSED DRIVERS 18 YEARS OF AGE OR OLDER ON DATE OF ENTRY. VOID IN ALASKA, HAWAII, PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND WHEREVER ELSE PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER.
1) SWEEPSTAKES TIMING: The Frank‘s® RedHot® and Checkers Rally‘s Heat your Tweet Sweepstakes (the “Sweepstakes”) starts October 13, 2014 at 12:00 PM Eastern Daylight Time (EDT) and ends December 31, 2014 at 11:59:59 PM Eastern Standard Time (EST) (the "Sweepstakes Period"). Sponsor‘s computer is the official timekeeper for this Sweepstakes.
2) ELIGIBILITY: This Sweepstakes is offered and open only to persons legally residing in the 48 contiguous United States or District of Columbia who are licensed drivers at least eighteen (18) years of age on the date of entry in this Sweepstakes. Officers, directors and employees of The French‘s® Food Company LLC, (“Sponsor”), Checkers Drive-In Restaurants, Inc., ADROC Productions, Inc., (“Administrator”) and each of their respective parent, subsidiary and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes (collectively, the “Sweepstakes Entities”) and the immediate family members (parent, child, sibling, IRS dependent and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Sweepstakes is void in Alaska, Hawaii, Puerto Rico, all US territories and possessions and wherever else prohibited by law. U.S. law governs this Sweepstakes.
3) HOW TO ENTER: There is only one (1) method of entry in the Sweepstakes:
1. Twitter Method: To become a registered member of Twitter, with accounts that are free of charge, go to www.twitter.com and follow the instructions to become a registered member and create an account. By submitting your information and creating an account, you agree to the Twitter Terms of Service and privacy notice located at: https://twitter.com/tos. Once logged into your Twitter account then you can tweet @checkersrallys and reference hashtag #franksredhot from your Account during the Entry Period. In order for the Entry to be valid, Twitter profile must be public and thus viewable by the Sponsor and its agents. If you submit your Entry or receive updates from twitter.com via SMS from your wireless phone, you may be charged standard text messaging rates, airtime and carrier charges for text messages sent and received from your mobile device according to the terms and conditions in your Customer Agreement with Mobile Carriers. All terms and conditions of Twitter.com apply. Twitter is not a sponsor of this Sweepstakes. Multiple participants are not permitted to share the same email, mobile phone or Twitter account. Entry into the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. You understand that by participation in this Sweepstakes via mobile phone or text message, if you are a potential winner, the Sponsor may contact you via mobile phone or text message, which will be subject to the charges pursuant to your carrier's rate plan. It is your sole responsibility to notify the Sponsor in writing if you change your Account.
No purchase, entry fee, payment, or proof-of-purchase necessary to participate. A purchase will not improve your chances of winning. Entrants can enter as many times as they want each day during the Sweepstakes Period. By entering in the Sweepstakes, all entrants agree to abide by these Official Rules, which are final and binding on all matters pertaining to this Sweepstakes. Proof of submission of sending a tweet in the Sweepstakes (such as a “confirming” message) does not constitute proof of delivery to serve as a Sweepstakes entry. All eligible entries must be submitted according to these Official Rules no later than 11:59:59 PM EST on December 31, 2014. Any individual who attempts to enter, or in the sole discretion of Sponsor is suspected of submitting entries by establishing multiple email or social media accounts, will be disqualified from participation in this Sweepstakes. In the event of a dispute over the identity of any potential winner, the entry will be declared made by the authorized account holder of the twitter account submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such twitter account. The authorized account holder is deemed as the natural person assigned to a twitter account by an Internet access provider, service provider, or other organization responsible for assigning twitter accounts or the domain associated with such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email address during the Sweepstakes Period. Entries generated by script, macro, robotic or by any other automatic or mechanical means are void. All entries become the property of Sponsor and will not be returned to entrant.
4) NOTIFICATION OF GRAND PRIZE WINNER: Entries must not contain material that is unlawful, inappropriate, in violation of or contrary to the laws or regulations in any State where entry is created. Entries not complying with these Official Rules are subject to disqualification at Sponsor's sole discretion. No correspondence regarding Entries will be entered into with entrants. Entries received that are illegible, incorrect, incomplete, late, unintelligible or are not submitted by the Twitter entry method outlined above will be disqualified.
The random drawing will be conducted on or about January 9, 2015, by ADROC, an independent judging organization whose decisions are final and binding on all matters relating to this Sweepstakes. Potential Winner is subject to eligibility verification and compliance with these Official Rules. Sponsor will attempt to notify the potential Winner via email/phone number provided at time of entry. The potential Grand Prize Winner will also be required to complete an Affidavit of Eligibility, Liability and Publicity Release (where applicable) along with the IRS Form W-9 within 7 days following the date of issuance of notification or the prize will be forfeited and awarded to an alternate potential winner. As required by law for any prize over $600, Grand Prize Winner will be required to furnish his/her social security number that will be used only for the purpose of reporting the Winner‘s prize earnings to the Internal Revenue Service.
Failure to complete and return the documents in the time noted or if prize notification is undeliverable will result in disqualification, and an alternate winner will be selected and notified. Upon disqualification, no compensation will be awarded. If a potential winner is a minor under the law of his/her jurisdiction of residence (residents of Nebraska and Alabama must be 19 years of age or older and residents of Mississippi must be at least 21) at the time of entry, his or her respective parent or guardian may be required to execute an Affidavit acknowledging, confirming and consenting to the Liability Release and where legal, a Publicity Consent document as well as being responsible for all financial obligations, as noted below, in order to accept the prize on behalf of the winner. If parent or guardian is unavailable to execute this document, the winner will not receive the prize.
5) PRIZES: There will be one (1) Grand Prize awarded as follows:
A new 2014 2-Door Pickup Truck that will be customized into a tailgate vehicle to include additions such as: a barbecue grill, refrigerator, television, custom rims and sound system, Approximate Retail Value (ARV): $34,422.
Prize will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). The winner will not be able to choose the color of the vehicle. By accepting Prize, Winner acknowledges compliance with these Official Rules. All federal, state, or other tax liabilities arising from this Sweepstakes are the sole responsibility of the prize Winner. Please allow up to 14 weeks for delivery of prize.
6) PRIZE RESTRICTIONS: Prize is non-transferable, non-assignable and substitution will not be allowed, except as expressly provided in these Official Rules or otherwise at the sole discretion of the Sponsor, who reserves the right to substitute a Prize with one of equal or greater approximate value or comparable use should the advertised Prize become unavailable for any reason (except as already clarified herein). The Prize cannot be redeemed for cash, in whole or in part, sold, transferred or sub-leased to any other person before delivery. Winner will be responsible for all taxes, income taxes and/or sales taxes (federal, state and local) and all other expenses not specifically mentioned here related to acceptance and use of the Prize including upgrades, optional equipment, maintenance, repairs, cost of gas, cost of removing any customized additions or any unforeseeable deterioration or damages made to the vehicle or any of the customized additions as a result of activities to promote the Sweepstakes. Winner will also be responsible for registration, license, title, insurance fees which must be paid before taking possession of a motor vehicle prize. Winner will be required to present a valid driver‘s license and evidence of effective auto insurance as required by the Department of Motor Vehicles in winner‘s state of residence before delivery is made on Grand Prize. The winner shall bear all risk of loss or damage to their Prize, after it has been delivered. A 1099 Miscellaneous Tax Form will be issued to the winner for the actual value of the Prize for the tax year it was delivered. Any photographs of the Grand Prize in promotional materials are for illustrative purposes only. Actual models, details and components of the Prize awarded may differ from the Prize being advertised. Federal, state, and local taxes, and any expenses relating to the acceptance and use of the Prize not otherwise specified herein, is the responsibility of the Prize Winner. Any difference between the ARV and actual retail value of Grand Prize will not be awarded.
7) CONDUCT: This Sweepstakes is subject to all federal, state and local laws/regulations. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor and/or the judges that shall be final and binding in all respects. These Official Rules are accessible from www.franksredhotsweepstakes.com during the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS‘ FEES) 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 OR ANY OTHER PROVISION.
8) LIMITATIONS OF LIABILITY: Sweepstakes Entities, assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof, or; (e) any injury or damage to participant‘s or to any other person's electronic device which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, and award the prize to the highest scoring entry judged among all non-suspect eligible entries received as of the termination date. The Sponsor will not be responsible for acts of God, dangerous weather conditions, acts of terrorism, civil disturbances, work stoppage or any other matters beyond the Sponsor's reasonable control (each a “Force Majeure” event) that may cause the cancellation or postponement of the Sweepstakes.
9) ENTRANT RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release officers, directors and employees of The French‘s® Food Company LLC, Checkers Drive-In Restaurants, Inc., ADROC Productions, Inc., and each of their respective parent, subsidiary and affiliated companies, distributors, suppliers, printers, application developers, advertising, promotional and judging agencies or other persons engaged in the development, production or distribution of materials for this Sweepstakes, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Sweepstakes page; submitting an entry or otherwise participating in any aspect of the Sweepstakes; the receipt, ownership, use, misuse or non-use of Grand Prize awarded; preparing for, participating in or traveling to and/or from any prize-related activity, or any human, typographical or other inadvertent error in these Official Rules or the announcement of offering of prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of prize. Except for residents of Tennessee and wherever else prohibited by law, the Winner grants to Sponsor the right to print, publish, broadcast and use the winner‘s name, city, state, biographical information, voice, photograph or other likeness and statements related to prize acceptance/use, for public relations/promotional/media events about the Sweepstakes along with any other related advertising purposes, as may be determined by Sponsor, in any media now known or hereafter developed, in perpetuity, including but not limited to social media, radio and television, without compensation unless prohibited by law. Acceptance of prize irrevocably grants to Sweepstakes Entities the right to use any recordings/Photographs/Videos resulting from these public relations/promotional/media events. The rights hereby granted to Sweepstakes Entities include the perpetual, exclusive and unencumbered right to use, not use, edit, reproduce, publicly and privately display, create derivative works based upon, distribute, telecast, publish, promote, market, and otherwise exhibit the Video or Photographs worldwide, at discretion of Sweepstakes Entities, without approval of winner.
In the event there is a discrepancy or inconsistency between statements contained in any Sweepstakes-related materials, and terms and conditions stated in the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor‘s sole and absolute discretion.
10) WINNER'S NAME: You may request the name of the Grand Prize Winner by sending a self-addressed, stamped envelope by 12/31/14 to: Frank‘s® RedHot® and Checkers Rally‘s Heat your Tweet Sweepstakes Winner c/o ADROC Productions, Inc., 1442 W Willow Street Chicago, IL 60642.
11) DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New Jersey or the appropriate New Jersey State Court; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys‘ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and/or 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey.
12) SPONSOR/ADMINISTRATOR: Sponsor: The French's Food Company LLC, 4 Mill Ridge Lane Chester, New Jersey 07930
Administrator: ADROC Productions, Inc., 1442 W Willow Street Chicago, IL 60642.
13) OFFICIAL RULES: The Official Rules will be available at: www.franksredhotsweepstakes.com throughout the Sweepstakes Period.