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Official Rules

THE KING’S HAWAIIAN® TAILGATE SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING: OPEN ONLY TO LEGAL U.S. RESIDENTS, RESIDING IN ALABAMA, FLORIDA, GEORGIA, NORTH CAROLINA, SOUTH CAROLINA OR TENNESSEE, 19 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY

 

  1. SWEEPSTAKES PERIOD: The KING’S HAWAIIAN® Tailgate Sweepstakes (the “Sweepstakes”) begins 12:00 AM Eastern Time (“ET”) on October 23, 2016 and ends 11:59 PM ET on November 26, 2016 (“Sweepstakes Period”). 
  1. ELIGIBILITY: This Sweepstakes is open only to legal U.S. residents, residing in Alabama, Florida, Georgia, North Carolina, South Carolina or Tennessee (“eligibility area”), who are 19 years of age or older as of date of entry. This Sweepstakes is void outside the eligibility area and where prohibited or restricted by law. Employees, officers and directors of KING’S HAWAIIAN Bakery West, Inc. (“Sponsor”), Don Jagoda Associates, Inc (“Administrator”), The Wilson Group, Publix Supermarkets, Atlanta Falcons Football Club and their respective advertising agencies, subsidiaries, parent companies, distributors, divisions, agencies and affiliates (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director are not eligible to enter or participate in this Sweepstakes. At the discretion of the Sponsor, potential winner may be subject to a background check and based on the results of the background check, winner may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if Sponsor determines, in its sole discretion, that such individual may reflect unfavorably on the Sweepstakes or Sponsor; (c) if he/she is not eligible to receive the prize based on the eligibility requirements set forth in these Official Rules. All applicable federal, state and local laws and regulations apply.
  1. TWO WAYS TO ENTER:
  • VIA TEXT MESSAGING: During the Sweepstakes Period, using your 2-way text messaging-capable device (“Device”), text the keyword GIFTCARD to short-code 65047. After your message is received, you will receive a reply message with a link to the online registration form. Follow the instructions to complete the registration form (your “Entry”). Entries must be received by 11:59 PM ET on November 26, 2016. Sponsor cannot guarantee this Sweepstakes will be available via all wireless service providers. Text messaging is available on participating wireless service providers only, whose instructions may vary. Message and data rates may apply. Your wireless service provider may charge you for each text message you send and receive, including any error messages. Check with your wireless service provider on these and any other applicable charges. If you wish to opt out of receiving reply text messages, text STOP to 65047. Text HELP to 65047 for support. By texting the keyword GIFTCARD to 65047, you agree that you are providing Sponsor and Administrator express, written consent for you to send and receive up to two (2) text messages with regard to your Entry in the Sweepstakes, which may be sent via an automated dialing system. Consent to receive up to two (2) text messages with regard to your Entry in the Sweepstakes is not a condition of any purchase.
  • During the Sweepstakes Period, visit KingsHawaiianTailgateSweeps.com (“Website”) and follow the instructions to complete the registration form (your “Entry”). Entries must be received by 11:59 PM ET on November 26, 2016.
  • Limit one (1) Entry per person per email address per day. In the event of a dispute as to any Entry, the Authorized Account Holder of the email address used to submit the Entry will be deemed to be the entrant. The “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address indicated on the registration form, provided that person meets all eligibility requirements set forth in these Official Rules. NOTE: Any attempt to use multiple e-mails or other tactics to enter more than the stated limit may result in disqualification and all associated Entries will be void.  Entries generated by script, macro, bot, commercial sweepstakes subscription, entering service sites or any other automated means and Entries by any means that subvert the Entry process will be void. Normal Internet access and usage charges imposed by your online service may apply.
  1. AGREEMENT TO OFFICIAL RULES AND DECISIONS: By participating in this Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts the terms and conditions of these Official Rules and the decisions of Sponsor and Administrator (including, without limitation, decisions regarding eligibility of entrants, the selection of winner, and the awarding of the prize), which are final and binding in all respects.
  1. RANDOM DRAWING/ WINNER NOTIFICATION: Thirty (30) First Prize winners will be selected in a random drawing on or about November 28, 2016 from among all eligible Entries received. Sweepstakes drawing will be conducted by Administrator, whose decisions will be final and binding on all matters related to the Sweepstakes. Potential winners will be notified by email and will be required to confirm their mailing address within five (5) days of attempted notification so that prizes can be sent to them. Noncompliance within the timeframe specified or return of any prize/prize notification as undeliverable will result disqualification and an alternate winner may be selected. Odds of winning depend on the total number of eligible Entries received.
  1. PRIZES: Thirty (30) First Prizes: A $100 Publix gift card. Terms and conditions on Gift Card apply.
  1. GENERAL CONDITIONS: All applicable federal, state and local taxes are the sole responsibility of the winner. Prizes are non-transferable and non-assignable, not refundable, and must be accepted “AS IS” and as awarded. No cash or other substitution may be made, except by Sponsor, in its sole discretion. Sponsor reserves the right, in its sole direction, to terminate, modify or suspend this Sweepstakes if, in Sponsor’s sole discretion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In such event, Sponsor reserves the right in its sole discretion (but does not have any obligation) to: (i) award the First Prizes at random from among all eligible, non-suspect Entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of this Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision or any other provision of the Official Rules.
  1. PUBLICITY: Except where prohibited by law, participation in the Sweepstakes shall constitute permission by each entrant for Sponsor, its parent and affiliated companies, or its agents, to use the winners’ names, prize won, hometowns and likenesses for purposes of advertising, Sweepstakes, and publicity (including but not limited to online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
  1. RELEASE: By entering the Sweepstakes, each entrant forever and irrevocably releases and holds harmless the Sweepstakes Entities, their officers, directors, shareholders, employees, and agents (collectively, the “Released Parties”) from and against any liability whatsoever, and waives any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Sweepstakes or delivery, mis-delivery, acceptance, possession, use or misuse of or inability to use prize or participation in this Sweepstakes or any Sweepstakes-related activity (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
  1. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, mistranscribed, delayed or incomplete Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer/Device equipment, Website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any portion of the Sweepstakes; (d) unauthorized intervention in any part of the entry/game play process or this Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes, the processing of Entries, or the announcement of winners; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer/Device, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Sweepstakes, or from viewing or downloading any material from the Website/Device, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website/Device by a hypertext link. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THIS SWEEPSTAKES 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 ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. DISPUTES: Except where prohibited, Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Sweepstakes, and the decisions by Sponsor are final and binding on all matters relating to the Sweepstakes. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of California, without giving effect to any choice of law or conflict of law rules (whether of the laws of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
  1. PRIVACY: For information about how the Sponsor uses your personal information, please see the KING’S HAWAIIAN Bakery West, Inc. Privacy Policy (“Sponsor’s Privacy Policy”), located at www.kingshawaiian.com/privacy-policy. By participating in the Sweepstakes, entrants are submitting their personal information to Sponsor and agree to be bound by Sponsor’s Privacy Policy and these Official Rules.
  1. WINNERS: For the names of the winners, available after December 15, 2016, send a stamped, self-addressed envelope by January 15, 2017, to: The KING’S HAWAIIAN® All-Tailgate Sweepstakes Winners, c/o Don Jagoda Associates, Inc., Attn: KF, 100 Marcus Drive, Melville, NY 11747.
  1. SPONSOR/SWEEPSTAKES ADMINISTRATOR: The Sponsor is KING’S HAWAIIAN Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501. The Administrator is Don Jagoda Associate, 100 Marcus Drive, Melville, NY 11747.

The information you provide as an entrant will only be used in the event you are selected as a potential winner or if you have indicated that you would like to receive additional information from KING’S HAWAIIAN Bakery West, Inc.