TACO BELL® ALL TACOS EVE COSTUME CONTEST OFFICIAL RULES
*NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Taco Bell® All Tacos Eve Contest (“Contest”) is sponsored by Taco Bell Corp., 1 Glen Bell Way, Irvine, CA 92618 (“Sponsor”) and is administered by Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 (“Administrator”).
- CONTEST PERIOD: The Contest begins at 5:00 p.m. Pacific Time (“PT”) on October 21, 2016 and ends at 11:59:59 p.m. PT on November 1, 2016 (“Contest Period”). The Administrator’s computer is the Contest official clock.
- ELIGIBILITY: The Contest is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Employees of Sponsor, Administrator, Deutsch LA, Inc., Sponsor's promotional partners, and any of their parent and affiliate companies and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
- HOW TO ENTER THE CONTEST: During the Contest Period, there are two (2) ways to enter the Contest.
- Must be in English, except for commonly understood foreign words;
- Videos must not be longer than :30 seconds;
- Must not include any identifiable person(s) other than the entrant;
- 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;
- Must be the original work of entrant;
- Must not disparage Sponsor or its products or services, Administrator, or any other person or party;
- Must not feature trademarks, logos or trade dress owned by any third party or advertise or promote any brand or product of any kind other than Sponsor’s brand;
- Must not promote any cause other than the Contest theme;
- Must not include personally identifiable information (such as the entrant’s address, license plate number or credit card);
- Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsor’s sole discretion);
- Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor’s sole discretion);
- Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way; and
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.
NOTE: If any entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the entrant.
By submitting an entry, an entrant agrees that his/her entry is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas (including without limitation, to create, distribute, sell or otherwise use costumes that are similar or identical to the costume ideas contained in the entry) without any compensation whatsoever to the entrant. Entrant acknowledges that, by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas whether or not such idea was previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. Entrant further agrees that Sponsor shall not have any liability to entrant for any direct, indirect, contributory, vicarious, secondary or other infringement or protection of any copyright in or to the entry. Released Parties are not responsible for any unauthorized use of entry by third parties. Entrant agrees that Sponsor may post the entry on any websites associated with the Contest, including Sponsor’s social media channels.
Grant of Rights: Submitting an entry constitutes entrant’s consent to give Sponsor and its designees, licensees, successors and assigns (collectively, “Licensed Parties”) a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, and that Sponsor may use entrant’s name, user name(s), biographical information, and/or likenesses (including, without limitation, profile photo(s)) in connection with the uses described herein. If requested, entrant will sign any documentation that may be required for Licensed Parties to make use of the nonexclusive rights entrant is granting to use the entry. This license expressly includes a right (but not the obligation) for Sponsor to modify entries to remove any third party intellectual property or to remove entries in their entirety.
Entry Limit: There is a limit of one entry per entry method per person per calendar day during the Contest Period. If more than one (1) entry on either social media platform is received from the same person during the same calendar day, only the first entry received may be considered valid.
- WINNER SELECTION: Following the Contest Period, all eligible entries received during the Contest Period will be judged by a panel of qualified judges selected by the Sponsor (“Judges”). The Judges will score the entries according to the following weighted criteria: (i) Creativity: 40%; (ii) Quality of Craftsmanship (how well costume is made, materials used, etc.): 30%; and (iii) Relevance to the theme: 30% (“Judging Criteria”). The entrant who submits the one (1) entry that receives the highest score will be declared the potential Contest grand prize winner; the entrants who submit the three (3) entries that receive the next highest scores will be declared the potential Contest runner-up prize winners. Each winner is a potential winner pending verification of eligibility and compliance with the Official Rules. In the event of any ties, the entry with the highest score in criterion (ii) will prevail. In the event there are still any ties, the tied entries will be judged again and the entry with the highest overall score will prevail. If a potential winner is found to be ineligible or does not comply with these Official Rules, or otherwise does not accept his/her prize as awarded, he/she will be disqualified and the entry with the next highest judges score will be named a potential winner. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winners. Judging scores will not be revealed. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of qualified and eligible entries.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
- A. Grand Prize (1): The grand prize is a trip for winner and one (1) adult guest to the Taco Bell headquarters for the opportunity to collaborate on the production of the winner’s taco-inspired Halloween costume (“Costume”) featured in winner’s winning entry (“Grand Prize”). While the Grand Prize winner may have input on the Costume, Grand Prize winner understands that the final version that goes into production will be at the sole discretion of Sponsor. Grand Prize winner understands that he/she will not receive any compensation from the sale of the Costume. Grand Prize winner agrees to assign all right, title and interest in the winning entry to Sponsor and to execute any necessary documents to do so. Grand Prize includes round-trip coach class air transportation from a major commercial airport near winner’s residence to Los Angeles, CA for winner and one (1) adult guest, two (2) nights’ hotel standard accommodations (single room/double occupancy), a check made payable to the winner in the amount of for $2,500, and “Taco Bell for a year” (awarded as a $500 Taco Bell gift card). In addition to the above Grand Prize elements, Sponsor may produce one hundred (100) units of the Costume to be sold on the Live Mas store in 2017 (all production elements are subject to Sponsor’s sole discretion). Winner’s guest must be 18 years of age or older. If the winner elects to travel or partake in the Grand Prize without a guest, no additional compensation will be awarded to the winner. Trip must be taken on dates specified by Sponsor. Winner and guest must travel together on the same itinerary. The actual value of the trip may vary depending on point of departure and fluctuations in the cost of air transportation. Any difference between the estimated ARV and the actual value of the prize will not be awarded. If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, and no compensation will be provided for any difference in prize value. Travel dates are subject to availability; blackout dates and other restrictions may apply. Winner and guest are responsible for having valid travel documents including government identification and/or passports. Winner is responsible for all travel costs and expenses not included herein as being provided, including ground transportation, airline baggage fees, gratuities, meals, and any other incidental costs or expenses related to participation in this prize. Travel must be booked at least seven (7) days in advance. Guest of winner must sign and return a travel liability/publicity release before travel will be booked. Winner and his/her guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Sponsor bears no responsibility if any event, element or detail of a prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the prize, minus any unavailable event, element or detail. Only one (1) Grand Prize will be available in the Contest. The ARV of the Grand Prize is $5,000.
- B. Runner-Up Prizes (3): Each runner-up prize winner will receive “Taco Bell for a year,” awarded as a $500 Taco Bell gift card, and a check made payable to the winner in the amount of $500 (“Runner-Up Prize”). The use of a gift card is subject to the terms, conditions, and restrictions as set forth thereon and as otherwise set forth by issuers, all of which shall govern the use of the gift card. Use of a gift card constitutes the user’s acceptance of the terms and conditions so the winner should read the terms and conditions on the gift card carefully. Winner must protect a gift card and treat the gift card as he/she would any other valuable document. A gift card will not be redeemed or exchanged for cash, except where required by law. A gift card will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without the winner’s permission and will be voided if altered or defaced. Three (3) Runner-Up Prizes will be available in the Contest. The ARV of each Runner-Up Prize is $1,000.
- C. Total ARV: The total ARV of all prizes (each a “Prize”) available in the Contest is $8,000.
- D. General: Limit one (1) Prize per person. Non-cash portion of prizes cannot be redeemed for cash. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winners are responsible for all federal, state and local taxes associated with acceptance and use of the prize. All prize details are at Sponsor’s sole discretion.
- WINNER VERIFICATION: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Sponsor or Administrator will notify a potential winner by sending him/her a message on Instagram or Twitter with instructions on how to redeem the Prize. A potential winner must respond to the initial winner notification within forty-eight (48) hours or he/she may be disqualified, at Sponsor’s sole discretion. Each potential winner will be required to sign and execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) within five (5) days of prize notification. If a potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the potential winner may be disqualified and an alternate winner may be selected. Potential grand prize winner may be subject to a background check before Prize is awarded. Sponsor reserves the right to disqualify the potential Grand Prize winner based on the results of such background check if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor. Upon verification of eligibility and compliance with these Official Rules, each Runner-Up Prize will be mailed to each verified Runner-Up Prize winner and the Grand Prize winner will be contacted by Sponsor or Administrator to arrange Grand Prize travel and fulfillment. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected according to Section 4 above, as determined by Sponsor in its sole discretion. Administrator will attempt to notify each potential winner as set forth above, but Released Parties are not responsible for any undelivered Instagram, Twitter, or other messages that are not received because of a winner’s privacy or spam filter settings which may divert any Contest e-mail, including any winner notification e-mail, to a spam or junk folder.
- LIMITATION OF LIABILITY: By participating in this Contest, entrants agree that Sponsor, Administrator, Deutsch LA, Inc., Instagram, LLC, Twitter, Inc., and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, delayed, garbled, postage due or undeliverable tweets posts, messages, e-mails or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a Prize including any item redeemed therewith and/or any travel related thereto; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any unanswered or undeliverable winner notifications.By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest, including without limitation, in connection with any costume created, sold, distributed or otherwise used by the Released Parties regardless of whether such costumes is similar or identical to the costume contained in entrant’s entry; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof (including any travel or activity related thereto)); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the winners in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prize will be awarded according to Section 4 above. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Contest and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, user name(s), address (city and state), biographical information, photos (including, without limitation, profile photo(s)), picture, portrait, likeness, voice, and/or statements regarding the Contest and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
- GENERAL: Any attempted form of participation in this Contest other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest and void all associated entries. Any attempted form of participation in this Contest other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple Instagram or Twitter accounts, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or the potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address associated with the social media account used to enter. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules sha