NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE 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.
VOID IN PUERTO RICO AND WHERE PROHIBITED.
The Taco Bell® and Xbox Game (“Game”) is sponsored by Taco Bell Corp., 1 Glen Bell Way, Irvine, CA 92618 and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052 (“Sponsors”) and is administered by Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 (“Administrator”).
1. GAME PERIOD
The Game begins at 12:00:00 AM Pacific Time (“PT”) on October 17, 2019 and ends at 8:59:59 PM PT on November 23, 2019 (“Game Period”). The Administrator’s computer is the Game’s official clock.
The Game 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, officers, directors, representatives, and agents of Sponsors, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and advertising, promotion and web design agencies (collectively, “Game Entities”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, officer, director, representative, or agent, whether or not related, are not eligible to enter or win. Void in Puerto Rico, all other United States Territories and Possessions and overseas military installations, outside of the United States, and where prohibited or restricted by law. All federal, state, and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Game. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and potential winners may be required to provide proof of identification and eligibility as required by Sponsors or Administrator. If it is discovered or suspected that an entrant has registered for or played or attempted to register for or play the Game using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize that entrant might have been entitled to receive or win will not be awarded. Use of any automated system or any like methods to participate in the Game is prohibited and will result in disqualification of any entrant attempting such use. If an entrant participates via a mobile device, message and data rates may apply for each text message sent and/or received. Not all cellular telephone providers carry the service necessary to participate in the Game through a mobile device. Entrants should check their mobile devices’ capabilities and wireless service pricing plans.
3. HOW TO OBTAIN A CODE
An eligible entrant may obtain an entry code (“Code”) using one (1) of the following three (3) methods (some methods are only available during specific time periods, as noted below). Entrants may only obtain Codes either through a legitimate restaurant purchase or for free as described below. Codes may not be sold, bartered, or transferred. Codes are void if not obtained through authorized means. Each Code is valid for one (1) Game Play, as defined in Section 4, during the Game Period.
4. HOW TO PLAY THE GAME
During the Game Period, upon obtaining a Code or the Online Code, an entrant may play the Game using one (1) of the following two (2) methods to receive one (1) game play (“Game Play”):
Regardless of method of Game Play, each entrant who receives a “win” message will be deemed a potential winner pending confirmation and verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsors in their sole and absolute discretion. All potential winning Game Plays are subject to verification by Sponsor or Administrator, whose decisions are final and binding. An entrant is not a winner of any prize, even if the Game Play should so indicate, unless and until entrant’s eligibility and the potential winning Game Play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. Any Game Play that occurs after the system has failed for any reason is deemed a defective play, is void, and will not be honored.
Except for the Online Code, each Code may only be used once. The Online Code may only be used once per entrant per day per method of entry between 12:00:00 AM PT on November 8, 2019 and 8:59:59 PM PT on November 23, 2019. Regardless of how many Codes are obtained by an entrant, the method used to acquire the Codes, or the method of Game Play, there is a limit of one (1) Game Play per entrant per day via the Text Message method of Game Play and one (1) Game Play per entrant per day via the Online method of Game Play during the Game Period. A “day” is defined as starting at 12:00:00 AM PT and ending at 11:59:59 PM PT on a calendar day, except for the last day of the Game, which shall end at 8:59:59 PM PT.
In the event of a dispute as to the identity of an entrant, the Game Play will be declared made by the primary account holder of the account associated with the mobile device used to complete the Game Play, based on the applicable carrier’s records, or in the event of an online entry, the e-mail address used. The “primary account holder” is the natural person listed as the primary owner of the mobile device and associated mobile telephone number by a mobile telephone carrier, or the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the primary account holder and/or e-mail address holder.
In the event that a household plays the Game using more than five (5) unique e-mail addresses, all of the Game Plays associated with that household (determined by Sponsors or Administrator in their sole discretion) may be disqualified. Regardless of method of entry, each entrant/household is not eligible to win more than one (1) prize.
5. PRIZES, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING
6. HOW TO CLAIM A PRIZE
Each potential winner will be notified by Text Message response (if he/she entered by Text Message) or by e-mail (if he/she entered by the Website) (“Notification”). Entrants hereby agree to receiving text message notifications for winner verification purposes. As noted above, entrants may opt-out of receiving text messages by sending a text message stating STOP to the Short Code. Note: a potential winner who entered via text message may receive one (1) additional text message to remind him/her to redeem his/her prize. Each Notification to a potential winner who entered by Text Message will include a unique number (“Prize Claim PIN”) and a link to the redemption website (“Redemption Website”). Each potential winner who entered by Text Message must visit the Redemption Website and enter his/her Prize Claim PIN and mobile phone number. Each potential winner who entered by Text Message then will be directed to another page where he/she must enter his/her valid e-mail address, complete first and last name (no initials), address (P.O. Boxes are not permitted), city, state, ZIP Code, phone number, date of birth, and confirmation that the entrant has read and agrees to be bound by these Official Rules. A potential winner who entered by Text Message will receive a notification on the Redemption Website screen after a valid Prize Claim PIN has been received. Each Prize Claim PIN is redeemable for the prize only and will not be redeemed or exchanged for cash, except where required by law. Each Prize Claim PIN will not be replaced if it is lost, stolen, or used without a winner’s permission. Potential winners who entered by the Website do not need to complete any further action to claim their prizes. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, or if the prize is returned as undeliverable, the prize will be forfeited and, in the Sponsors’ sole discretion, may or may not be awarded to an alternate winner selected at random from the remaining pool of eligible Game Plays received. In such event, an alternate potential winner will be notified as described above. All Prize Claim PINs must be entered and prizes must be claimed on the Redemption Website by 11:59:59 PM PT on December 23, 2019, or the prize will be forfeited. Sponsors will ship prizes to each winner at the physical address provided at the time of registration or verification. Please allow approximately six (6) to eight (8) weeks from the date of redemption/the end of the Game Period to receive a prize. Each prize will only be awarded to a verified winner.
The right to receive a prize is non-assignable and non-transferable, and no prize substitution, exchange, or cash equivalent will be allowed, except by Sponsors, who reserve the right to substitute a prize of equal or greater value at Sponsors’ sole and absolute discretion. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.
7. LIMITATION OF LIABILITY
The Game Entities are not responsible for any undelivered text messages or e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Notification or other e-mail, including any winner notification e-mail, to a spam or junk folder. The Game Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, e-mail, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Website accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Game Entities are not responsible for any incorrect or inaccurate information, whether caused by any Website users, text users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Game and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Short Code, the Website, the Online Code Request website, the Redemption Website, or any other website(s). The Game Entities are not responsible for any injury or damage, whether personal or property, to any person's computer or phone related to or resulting from participating in the Game. If, for any reason, the Game is not capable of running as planned, Sponsors reserve the right at their sole and absolute discretion to cancel, terminate, modify or suspend the Game and/or proceed with the Game, including the selection of winners in a manner it deems fair and reasonable including the selection of winners from among eligible Game Plays 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 than are intended to be awarded according to these Official Rules, the intended winners will be awarded in a random drawing from among all verified prize claims received for that prize.
THE GAME ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENT OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.Further, the Game Entities are not responsible for, and each winner shall indemnify the Game Entities against, any and all claims, injuries, losses, or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.
Game Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By playing the Game, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Game Entities in connection with the Game; and (iii) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Game Entities, and their respective parent companies, officers, directors, employees, agents, franchisees, licensees, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Game, including but not limited to any Game-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Game, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Game materials, (d) acceptance, receipt, 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), (e) any change in the prize (or any component thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsors’ control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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, or any other cause beyond any of the Game Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Game, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Game, the Short Code, the Website, the Online Code Request website, the Redemption Website or any other website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Game Entities or by an entrant, (j) interruption or inability to access the Game, the Short Code, the Website, the Online Code Request website, the Redemption Website or any other Game-related page or websites, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Game, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Game Entities, or any of their agents or employees, (o) any lost, late, stolen, misdirected, damaged or destroyed prize (or any component thereof), (p) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsors or their designees, or (q) the negligence or willful misconduct by entrant. Any and all activities related to a prize, are at the winner’s or entrant’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
EXCEPT WHERE PROHIBITED BY LAW, THE GAME 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 THE COUNTY OF OAKLAND, 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 JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS 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, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Game Entities and/or any other party shall be resolved individually, without resort to any form of class action. Each entrant hereby irrevocably and unconditionally waives his/her right to a jury trial.
Any personally identifiable information collected during an entrant's participation in the Game will be collected by the Sponsors or their agent and used by Sponsors, their affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Game as described in these Official Rules, and in accordance with each Sponsor’s Privacy Policies as stated at https://www.tacobell.com/legal-notices/privacy-policy and https://go.microsoft.com/fwlink/?LinkId=521839.
10. PUBLICITY RIGHTS
By participating in the Game and/or accepting a prize, each entrant agrees to allow the Sponsors and/or the Sponsors’ designee(s) the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Game and/or Sponsors 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.
Any attempted form of participation in the Game other than as described herein is void. Sponsors 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 Game; 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 the Game. Any attempted form of participation in the Game other than as in these Official Rules is void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES 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. Sponsors’ and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Game. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Game Plays and/or materials submitted become the property of Sponsors and will not be returned. In the event of any conflict with any Game details contained in these Official Rules and Game details contained in any Sponsor or Administrator statement (such as in online forums or FAQs) or promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Game as set forth in these Official Rules shall prevail.
12. WINNERS LIST
For a list of winners, mail a self-addressed, stamped business size envelope to: Taco Bell® and Xbox Game Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Requests must be received by January 23, 2020.