Chocolate Month LOVE HERNÁN Challenge

                 

February is Chocolate Month! And, we want to see your favorite way of using our Mexican chocolate and Mole Poblano products.

To share our LOVE we're giving away $1000!

It's easy to enter. Post your photos, reels, or videos on Instagram, TikTok or Facebook for a chance to win. 

Tag @hernanmexico in your post and use hashtags #lovehernan and #hernanmexico . See official contest rules below.  Buena suerte!

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THERE WILL BE ONE (1) NATIONWIDE WINNER.  One (1) winner will be chosen by HERNÁN (Sponsor) based on creativity of content (as deemed by HERNÁN) and the enthusiasm the content generates (i.e. number of likes, shares, and views). To be eligible you MUST TAG @HernanMexico and use hashtags #LOVEHERNAN and #HERNANMEXICO. 

Please refer to full Description of Contest and How to Enter below.

Contest Name: LOVE HERNÁN Challenge (Contest)

Any questions, comments or complaints regarding the Contest must be directed to the Sponsor.

Requests must be received by February 29, 2024, at 11:59:59 p.m. ET.

1. ELIGIBILITY. This Contest is open only to individuals who 18 years of age (or the age of majority in the entrant’s state of residence, whichever is older) at the time of entry (“Entrant”).

The Contest is subject to all applicable federal, state, and local law and regulations. Voids where prohibited or restricted by law.

Employees, contractors, HERNAN LLC., suppliers, distributors and advertising (collectively, the “Contest Entities”); individuals employed by HERNAN LLC; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.

2. TIMING: Contest begins on February 1, 2024, at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET on February 29, 2024 (“Contest Period"). The Sponsor’s computer is the official time-keeping device for this Contest.

DESCRIPTION OF CONTEST/HOW TO ENTER. Overview: During the Contest Period, visit the Promotion Partner’s website: https://hernanmexico.com/ (“Promotion Partner’s Website”) to learn more about HERNAN’s Chocolates (Tablillas, Skulls, or Bolitas) and Mole Poblano.

Entrants are encouraged to post pictures, reels, and videos on their Instagram, TikTok and Facebook accounts as outlined below. Entries will be judged.

Instagram: To participate you must have an Instagram account. Accounts are free but subject to Instagram's Terms of Use (Instagram's Terms of Use). Posting content to Instagram requires a mobile device. Message and Data rates may apply. Please consult your wireless-service provider regarding its pricing plans. To enter:

1. Upload and post a video or photo(s) featuring your favorite food or drink using prepared using a HERNAN Chocolate or Mole Poblano on your Instagram, TikTok or Facebook account;
2. Use the hashtags #HernanMexico #LoveHernan and tag @HernanMexico in your post;
3. Entry must be completed on Instagram, TikTok or Facebook and you must include the hashtags and @HernanMexico tag, for your entry to be eligible into the Contest.
4. The Sponsor reserves the right to hide or delete an entry comment for any reason.

TikTok: To participate you must have a TikTok account. Accounts are free but subject to TikTok's Terms of Service (TikTok's Terms of Service). Posting content to TikTok requires a mobile device. Message and Data rates may apply. Please consult your wireless-service provider regarding its pricing plans. To enter:

1. Upload and post a video or photo(s) featuring your favorite food or drink using prepared using a HERNAN Chocolate or Mole Poblano on your Instagram, TikTok or Facebook account;
2. Use the hashtags #HernanMexico #LoveHernan and tag @HernanMexico in your post;
3. Entry must be completed on Instagram, TikTok or Facebook and you must include the hashtags and @HernanMexico tag, for your entry to be eligible into the Contest.
4. The Sponsor reserves the right to hide or delete an entry comment for any reason.

Facebook: To participate you must have a Facebook account. Accounts are free but subject to Facebook's Terms of Service (Facebook's Terms of Service). Posting content to Facebook requires a mobile device. Message and Data rates may apply. Please consult your wireless-service provider regarding its pricing plans. To enter:

1. Upload and post a video or photo(s) featuring your favorite food or drink using prepared using a HERNAN Chocolate or Mole Poblano on your Instagram, TikTok or Facebook account;
2. Use the hashtags #HernanMexico #LoveHernan and tag @HernanMexico in your post;
3. Entry must be completed on Instagram, TikTok or Facebook and you must include the hashtags and @HernanMexico tag, for your entry to be eligible into the Contest.
4. The Sponsor reserves the right to hide or delete an entry comment for any reason.

Limit: There is NO LIMIT per person (entrant)/social media platform / regardless of Method of Entry during the entire Entry Period. Multiple Entrants are not permitted to share the same Social Media Account.

For your entry to be valid, your Instagram, TikTok or Facebook profile must be public and thus viewable by the Sponsor and its agents.

This Contest is in no way sponsored, endorsed, or administered by, or associated Instagram, TikTok or Instagram. You understand that you are providing your information to the Sponsor and not to Instagram, TikTok or Facebook.

Entrant must comply with Instagram Terms of Use at http://instagram.com/legal/terms/. All Entrants must have a valid Instagram account. You can create an Instagram account at no cost at https://www.instagram.com/. Entrants may not enter with multiple Instagram accounts, nor may Entrants use any other device or artifice to enter multiple times or as multiple registrants. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same Instagram account. Should multiple users of the same Instagram account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an Instagram account by Instagram, LLC or other organization which is responsible for assigning Instagram accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries more than the above stated limit will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. All entries become the property of Sponsor and will not be acknowledged or returned.

Entrant must comply with TikTok Terms of Service at (https://www.tiktok.com/legal/page/us/terms-of-service/en). All Entrants must have a valid TikTok account. You can create a TikTok account at no cost at https://www.tiktok.com/signup. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same TikTok account. Should multiple users of the same TikTok account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned a TikTok account by TikTok Inc. or other organization which is responsible for assigning TikTok accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries more than the above stated limit will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest.

Entrant must comply with Facebooks Terms of Service at (Facebook Terms of Service (Statement of Rights and Responsibilities) Explained in Plain English - TLDRLegal) All Entrants must have a valid Facebook account. You can create a Facebook account at no cost at https://www.facebook.com/r.php. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same Facebook account. Should multiple users of the same Facebook account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned a Facebook account by Facebook Inc. or other organization which is responsible for assigning Facebook accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries more than the above stated limit will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest.

Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor, Promotion Partners or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission).

By submitting Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from others, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), and (f) that you have obtained permission from a person whose name, likeness or image is used in the Content. Any such Entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary.

By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Contest Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed by their employees, or obtained from sources other than you.

CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE AND SOCIAL MEDIA OUTLETS, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, Promotion Partner the Contest Entities, and another authorized on their behalf, an unlimited, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:

• Content must comply with these Official Rules;
• The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Content cannot promote illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing) and cannot promote or portray any activities that may appear unsafe or dangerous, or any political agenda or message.
• Content cannot be offensive, endorse any form of hate or hate group;
• Content cannot infringe or violate any copyright, patent, trademark, trade secret, right of publicity, privacy right, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
• The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
• Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
• Content cannot depict, and cannot itself, be in violation of any law; and
• The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.

By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Contest that participation may be required to be considered eligible.

3. WINNER SELECTION. On or about March 5th, the Sponsor will randomly select one (1) potential Contest winner from among all eligible entries collectively received during the Contest Period.  One (1) winner will be chosen based off number of likes, shares, views, creativity, content, tagging products and using hashtags.  

Potential Contest winner is subject to verification, including verification of eligibility. If an Entrant is unable to verify their information, the Entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.

Winner Notification: Winner will be notified on or about March 5, 2024 via Direct Message and will be asked to log into Instagram and then privately provide additional contact information including an e-mail address. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within twenty-four (24) hours of notification, the prize will be deemed forfeited and an alternate Winner will be selected. If any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible Entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest.

The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).

As a condition of participating in the Contest, Entrants agree and acknowledge that in order to receive a prize and be deemed a winner, Entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty-four (24) hours after the first delivery attempt to the Entrant’s e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole discretion.

4. PRIZES:

One (1) Grand Prize Winners: Grand prize winner will receive $1000 USD (US dollars)

Payment: electronic payment via Cashapp, Venmo or PayPal to winners's account.

Prize provided by: Hernan LLC

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, except in Sponsor's sole discretion. Prize details and availability are subject to change.

The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).

NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR THE PURPOSES OF CONTEST AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.

Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

5. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other Entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE RELEASED PARTIES THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. The use of any automated device, automated launching, or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, mis delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant's ability to participate in the Contest; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (6) technical or human error which may occur in the administration of the Contest or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contests or the rules of the integrity of the Contests have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest and/or (ii) stop or conclude the Contests at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Contests by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor. Further, by submitting Content, all entrants grant Sponsor and Promotion Partner permission and unlimited, royalty-free license to use Content for all marketing and promotional purposes and waive any claims to royalty, right, or remuneration for such use.

6. PUBLICITY. Except where prohibited, by accepting a prize, winner grant the Sponsor and Promotion Partner permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
7. USE OF PERSONAL INFORMATION. The Sponsor will retain the Entrant's personal data for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such a third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrants may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts into any available opportunities to receive information from a third party, that may or may not be associated with this Contest, Entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the Contest, and opting in will not improve your chances of winning.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the Contest Entities, Instagram, Facebook  and Tiktok and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, 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 the Released Parties’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Sponsor’s "discretion" and/or any exercise of discretion by the Sponsor shall mean in Sponsor’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Contest rules will be made available online at the Sponsor’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise and all decisions made by Sponsor are considered final and binding. Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.