THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION. (SEE SECTION 4 FOR ELIGIBILITY.)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION IS SUBJECT TO OFFICIAL RULES. INTERNET ACCESS REQUIRED.
- PROMOTION PERIOD: The Promotion begins July 1, 2019 at 9:00:00 a.m. Central Time (“CT”) and ends September 1, 2019 at 11:59:59 p.m. CT (“Promotion Period”). The computer of Sponsor’s Web master is the official timekeeping device of the Promotion.
- PROMOTION OVERVIEW: The Promotion consists of an Instant-Win Game and a Random Drawing. The Instant-Win Prizes will be awarded via the Instant-Win Game and the Grand Prize will be awarded via the Random Drawing. By agreeing to abide by the Official Rules and submitting a Play (defined below) in the Instant-Win Game you are automatically entered into the Random Drawing. See below for details.
- HOW TO PARTICIPATE: A Promotion Code is required for participation. There are two (2) ways to obtain a Promotion Code: (a) Taco John’s Purchase: During the Promotion Period, and while supplies last, purchase any medium or large (30oz. or 42oz.) fountain drink at a participating Taco John’s location. Look for the Promotion Code on your Cup. Cups are scheduled to be available at participating Taco John’s locations until September 1, 2019, or when supplies are exhausted, whichever occurs first. (b) To obtain a Promotion Code without making a purchase: Hand print your full name, address, city, state, zip code, date of birth and email address on a 3″ x 5″ card and mail the 3” x 5” card to: Taco John’s 50th Anniversary Promotion Code Request, PO Box 760006, Dept. 888-7096, El Paso, TX 88576-0006. Requests must be received by August 27, 2019. One (1) Promotion Code will be emailed to the email address provided on the 3” x 5” card. Limit one (1) free Promotion Code per request per stamped-outer envelope. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due or misdirected mail.
Once you have obtained a Promotion Code, log on to tacojohns50.com (“Website”) during the Promotion Period and follow the instructions to enter your Promotion Code, email address, date of birth and zip code to verify your eligibility. Next, provide your first and last name, and read (or have read to you) these Official Rules and accept the Official Rules by checking the box indicating “I Accept the Official Rules”. Finally, submit a play (“Play”) for a chance to win an Instant-Win Prize. If your screen displays a prize-winning message, you are a winner of the Instant-Win Prize indicated (subject to verification by Sponsor in its sole discretion). If your screen does not display a prize-winning message, you are not a winner of an Instant-Win Prize. Each Promotion Code may only be submitted once.
During the Promotion Period, randomly selected times will be chosen, and the first entrant who completes a Play in accordance with these Official Rules (whose Play is properly received and recorded by Sponsor’s computer) at or immediately after a randomly-selected time will win the indicated Instant-Win Prize (subject to verification by Sponsor in its sole discretion). Odds of winning an Instant-Win Prize: 1 in 3. For each Play, you will receive one (1) entry into the Random Drawing. See Section 5 for Random Drawing details.
All Plays must be received and recorded during the Promotion Period. Limit one (1) Play per day per person/email address. A “Day” is defined as the 24-hour period between 12:00:00 a.m. CT and the following 11:59:59 p.m. CT with the exception of the first day of the Promotion Period, which shall begin at 9:00:00 a.m. CT and end the following 11:59:59 p.m. CT.
The name of the person submitting a Play into the Promotion must be the name of the authorized account holder of the email address used to enter, otherwise, the Play may be deemed void by Sponsor in its sole discretion. In the event of a dispute over the identity of an entrant, the Play will be declared made by the authorized account holder of the email address used during the submission process. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is solely the responsibility of the entrant to notify the Sponsor in writing at the Sponsor’s address listed at the bottom of these Official Rules (Attn: Customer Relations) if the entrant changes his or her email address during the Promotion Period.
Proof of delivery or receipt of a Play will not be deemed by the Sponsor as proof of submitting a Play into this Promotion. Each Play must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Plays (including but not limited to Plays made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses or IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers or addresses or the manipulation of an entrant’s contact information for the purpose of obtaining more than one (1) Play per day is prohibited, and such persons will be disqualified, such persons’ Plays shall be deemed invalid, and any prize won by such persons shall be forfeited.
- ELIGIBILITY: The Promotion is open only to legal U.S. residents of AR, CO, IA, ID, IL, IN, KS, KY, MI, MN, MO, MT, ND, NE, NV, OH, SD, TN, VA, WA, WI and WY (each an “Eligible State”) who are 18 years of age (19 in NE) or older at the time of participation. Winners may be required to show proof of residency and or age. Employees of Taco John’s International, Inc., its participating locations, PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) and its bottlers, and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, retailers, dealers, franchisees, and advertising, promotional or judging agencies (collectively, “Sponsor and Promotion Parties”) and immediate family members of such employees and persons living in the same household as such employees are not eligible to win.
- RANDOM DRAWING: The potential Grand Prize winner will be selected in a random drawing to take place on or about September 3, 2019 from among all valid entries received by an independent judging agency whose decisions are final. Odds of winning the Grand Prize are solely dependent upon the total number of valid entries received. Entries submitted during the Promotion Period are only eligible for this Promotion and do not remain eligible for any subsequent Promotion.
- PRIZE DETAILS: GRAND PRIZE – AWARDED VIA THE RANDOM DRAWING: One (1) Grand Prize will be awarded, consisting of $50,000.00, awarded in the form of a check or wire transfer, payable to winner.
INSTANT-WIN PRIZES – AWARDED VIA THE INSTANT-WIN GAME: Instant-Win Prizes are listed as follows: Quantity Available During Promotion Period / Description / Approximate Retail Value (“ARV”) of each InstantWin Prize.
Limit two (2) Tier 1 Instant-Win Prizes per person/email address for the Promotion Period. Limit five (5) Tier 2 Instant-Win Prizes (or “Free Food Coupon Prizes”) per prize category/free food coupon type (up to fifty-five (55) free food coupon prizes) per person/email address for the Promotion Period. An Instant-Win Prize winner is eligible to win the Grand Prize.
Tier 1 Instant-Win Prizes:
15 / 5-Gallon bucket with lid, utility gear belt, and caddy. / ARV: $130.00.
25 / Portable wireless speaker. / ARV: $52.00.
112 / 20-ounce tumbler. / ARV: $30.00.
150 / Insulated cooler tote. / ARV: $29.00.
390 / Beach towel. / ARV: $22.00.
500 / Taco pool float. / ARV: $19.00.
1,000 / $5.00 Taco John’s Gift Card. Subject to terms and conditions as set by issuer. / ARV: $5.00.
Tier 2 Instant-Win Prizes/Free Food Coupon Prizes:
65,647 / Coupon for a free Six-Pack And A Pound®. / ARV: $11.79.
109,412 / Coupon for a free Taco Salad (Chicken or Beef). / ARV: $5.49.
109,412 / Coupon for a free Grilled Chicken Burrito. / ARV: $4.49.
196,942 / Coupon for a free Meat & Potato Burrito (Beef Only). / ARV: $3.99.
284,471 / Coupon for a free Meat & Potato Breakfast Burrito (any protein). / ARV: $3.29.
131,294 / Coupon for a free Stuffed Grilled Taco. / ARV: $2.99.
306,354 / Coupon for a free Medium Potato Olés®. / ARV: $2.49.
306,354 / Coupon for a free 30 oz. Fountain Beverage. / ARV: $1.99.
142,236 / Coupon for a free Mexican Donut Bites. / ARV: $1.79.
393,884 / Coupon for a free Crispy or Softshell Beef Taco. / ARV: $1.49.
142,236 / Coupon for a free Churro. / ARV: $1.49.
Applicable to all coupon prizes: Coupons are subject to terms and conditions as set by issuer and expire on September 30, 2019.
Winner must accept prize as stated or prize may be forfeited. Any difference between the actual value and the ARV
will not be awarded to the winner. Total ARV of all prizes is $6,490,114.28.
- GENERAL: This Promotion is subject only to the laws of New York State in the United States. Unclaimed InstantWin Prizes will not be awarded. Except as determined by Sponsor in its sole discretion, no substitution of any prize is offered, no transfer of any prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless Sponsor so elects in its sole discretion). Winners will be solely responsible for all applicable federal, state and local taxes on prizes. Winners will receive an IRS Form 1099 for the retail value of their prize(s) won in this Promotion, if applicable. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by a winner will be forfeited.
- CONDUCT: By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the judges that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the Play-submission process or the operation of the Promotion or Website; 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 WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. - LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate information captured, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Plays at any point in the operation of this Promotion; (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 Promotion; (d) inaccessibility or unavailability of the Internet or Website, or any combination thereof; (e) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download any materials in the Promotion. If, for any reason, the Promotion is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, 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 Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In the event of any such cancellation, termination or suspension, a notice will be posted at participating stores and a random drawing may be held from among all eligible, nonsuspect Plays received prior to such time. Sponsor reserves the right, at their sole discretion, to disqualify any entrant (and all of his/her Plays/entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if he/she tampers with the Play-submission process or if his/her fraud or misconduct affects the integrity of this Promotion. Sponsor reserves the right to correct errors in promotional materials. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
The Website is subject to Sponsor’s privacy policy available at http://policy.pepsi.com/privacy.htm. Additionally, any communication between entrant and Sponsor or its agencies regarding the Promotion (e.g. phone calls, text messages, chats, email, etc.) may be recorded for quality assurance and training purposes.
- DISCLAIMER: Promotion Codes are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Promotion Codes contain or are the result of programming, printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sponsor’s sole liability for an official Promotion Code is limited to replacement with a free randomly selected official Promotion Code, during the Promotion Period and while supplies last. Promotion Codes may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules. Any Promotion Code obtained through any source other than through the method described in these Official Rules may be voided by Sponsor in its sole discretion. No more than stated number of prizes will be awarded. In the event that a programming, production, seeding or printing error or any other reason causes more than the stated number of prizes, as set forth in these Official Rules, to be available, awarded, and/or claimed, Sponsor reserves right to award only the stated number of prizes. Screen shots are not proof of winning status.
- WINNER NOTIFICATION: Potential Instant-Win Prize winners will be notified instantly with a Prize
Confirmation notice on their computer screen with instructions on how to claim their prize (subject to verification and compliance with these Official Rules). Additionally, potential Instant-Win Prize winners will receive an email including instructions to complete and submit a prize-claim form within five (5) days of email notification. Potential Grand Prize winner will be notified by mail, email and/or phone. Potential winners may be required to claim their prize within seven (7) days of notification by signing and returning an Affidavit of Eligibility and Liability/Publicity Release (where permitted by law). In the event the Affidavit and Release is not returned within seven (7) days, prize may be forfeited. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture. Upon forfeiture for any reason, no compensation shall be given. Prizes will only be awarded to individuals residing within an Eligible State. Allow up to eight (8) weeks for delivery of Tier 1 Prizes following winner verification. Free Food Coupon Prizes will be delivered via email within one (1) week following winner verification. - RELEASES: All entrants, as a condition of submitting a Play into the Promotion, agree to release Sponsor and Promotion Parties from and against any and all liability, claims, losses, expenses, actions, or damages to persons or property of any kind, whether actual, incidental or consequential, for injury (including but not limited to death) arising out of or relating to entrant’s participation in this Promotion, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery, and to assume all liability therefor. The winners shall bear all risk of loss or damage to their prizes after they have been delivered. Except for residents of Tennessee and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
- IN CASE OF DISPUTES: Unless otherwise prohibited by law, as a condition to participating in the Promotion, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable rules of the American Arbitration Association; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to received attorneys’ fees or other legal costs; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and 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 entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of
New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. - WINNERS’ LIST: For a list of major prize winners (recipients of prizes with an ARV of $25 or more), send a selfaddressed, stamped envelope to be received by October 1, 2019 to: Taco John’s 50th Anniversary Promotion Winners’ List, 10 South 5th Street-7th Floor, Dept. 888-7096, Minneapolis, MN 55402.
- SPONSOR: Pepsi-Cola Company, 1111 Westchester Avenue, White Plains, New York 10604.
PEPSI and the Pepsi Globe are registered trademarks of PepsiCo, Inc.
