Official Rules: Texas Eats Sweepstakes on Instagram (Dec. 24, 2022)

Texas Eats : Apr 11, 2020

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

General. By submitting an entry to the Texas Eats Sweepstakes on Instagram (“Sweepstakes”), brought to you by KSAT12 (“Sponsor”) and Bésame Food Truck Park (“Co-Sponsor”), entrant acknowledges and agrees that entrant has read, understands, and agrees to be bound by these official Sweepstakes rules (“Official Rules”). By entering the Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in these Official Rules, or the Sweepstakes itself, and agree to be bound by all decisions of the Sponsor, whose decisions are binding and final in all matters related to the Sweepstakes. Failure to comply with these Official Rules or any Sponsor instructions relating to the Sweepstakes’ Official Rules may result in disqualification from the Sweepstakes.

Eligibility. The Sweepstakes is open only to legal U.S. residents who reside in Sponsor’s Designated Market Area, as defined by Nielsen Media Research, Inc. (“DMA”). To enter for a chance to win you must be a minimum of 18 years of age or older at the time of entry. Employees of Sponsor and Co-Sponsor and each of their respective parent companies, subsidiaries, affiliates, advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Sweepstakes and members of these employees’ immediate families (spouses, parents, children, grandparents, grandchildren, and siblings and their spouses) and those living in the same household with these employees, are not eligible to enter or win.

How To Enter. The Sweepstakes begins at 10 a.m. on Saturday, Dec. 24, and ends at 2 p.m. on Saturday, Dec. 24 (the “Sweepstakes Period”). Sponsor’s time clock will be the official time clock of the Sweepstakes. To enter, tune in to Texas Eats during the Sweepstakes Period at 10 a.m. to hear the secret word. After the secret word airs, and before 2 p.m. on Saturday, Dec. 24 (the “Entry Period”) visit https://www.instagram.com/eldereats/?hl=en (“Entry Form”) to enter the secret word in the comment section of the coinciding Sweepstakes post (“Entry”). Sweepstakes participants must also follow the Bésame and Texas Eats Instagram accounts, tag four friends in the Sweepstakes post’s comments, and share the Sweepstakes post in their Instagram account’s Instagram Story. Sponsor must receive all Entries no later than 2 p.m. on the day of the Sweepstakes. Only accurate and complete submissions will be accepted. Each Instagram account may enter once during the Sweepstakes Period with the correct secret word. Multiple entries received from any person or Instagram account will void all such additional entries. Entrant must be an authorized account holder for the Instagram account participating in the Sweepstakes. Entries generated by a script, macro or other automated means will be disqualified if discovered by Sponsor. The use of automated or third-party software or web site to enter and/or play is prohibited. Entries that are inaccurate, incomplete, illegible, or corrupted are void and will be disqualified if discovered by Sponsor. If Entry Form permits or requires submission of user-generated content (“UGC”), by entering into the Sweepstakes, entrant represents and warrants as follows: (1) that they created and fully own or have properly licensed all UGC materials or information, can submit such UGC without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that all UGC entrant hereunder will be true and correct in all respects. UGC may not contain personally identifiable information or other similar sensitive/confidential information of any third-party or content that is offensive, inappropriate, or inconsistent with the Sponsor/Co-Sponsor’s image or the spirit or purpose of the Sweepstakes. By submitting UGC, entrant represents and warrants that all UGC content complies with the User Conduct section of the Sponsor station websites Terms of Use available at https://www.ksat.com/station/2019/11/06/terms-of-use/ UGC may not have been previously published or otherwise made public elsewhere. Furthermore, without limitation on anything set forth herein to the contrary, Sponsor will have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit all such UGC in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in all media, now or hereafter known. All received entries become the property of the Sponsor and will not be acknowledged or returned except as disclosed in these Official Rules.

Selection of Winners. One (1) potential winner will be randomly selected at the conclusion of the Sweepstakes on Saturday, Dec. 24, 2022, from among all eligible Entries submitted during the Sweepstakes Entry Period.

Odds. The odds of winning depend on the number of eligible entries.

Winner Notification and Verification. Subject to verification of eligibility and compliance with these Official Rules, Sponsor will attempt to contact the potential winner on Saturday, Dec. 24, 2022, via a direct message on Instagram to the participating Instagram account provided in the Sweepstakes Entry (“Notification”). Potential Sweepstakes winner must completely and accurately execute and return any required affidavit of eligibility, release of liability, publicity release and/or prize acceptance form (“Forms”) within 3 days of Notification pursuant to Sponsor instructions. A potential winner may be required to display a copy of a valid government photo ID in addition to the submission of any Forms. A potential winner may be disqualified and, time permitting, an alternate winner may be selected by random drawing from among all remaining eligible Entries submitted during the applicable Entry Period if: (1) a potential winner cannot be contacted/does not respond to Sponsors’ first Notification attempt as directed; (2) a winner does not fulfill the eligibility requirements; (3) a winner does not adhere to the Official Rules; (4) a winner does not sign and return the Forms or provide required ID by the deadline set forth above; and/or (5) if the Notification is returned as undeliverable, refused, or declined. A POTENTIAL PRIZE WINNER IS NOT A WINNER UNTIL HIS OR HER ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES HAS BEEN VERIFIED BY THE SPONSOR. Sponsor reserves the right to contact all Sweepstakes entrants using the contact information provided in the Entry Form in connection with the Sweepstakes entry. The official record(s) of entries will remain the property of Sponsor. If a printing, programming, or other error leads to more prize claims than there are prizes provided for in the Official Rules, prize will be awarded in a random drawing from among all eligible prize claims received.

Prize (1): A Sony PlayStation 5 Gaming Console with an Approximate Retail Value (ARV) of $499.99. Unless otherwise stated, subject to winner verification and compliance with these Official Rules, all prizes will be available for pick up at KSAT12 located at 1408 N St. Mary’s, San Antonio TX 78215. If Sponsor mails the prize to winner, neither Sponsor or Co-Sponsor shall be responsible for loss, delay, or damage in shipping. There will be no substitution, transfer, or cash equivalent for prizes, except at the sole discretion of Sponsor, which may substitute prizes of comparable value. Limit one prize per person and per household during the Sweepstakes Period. Payments of all federal, state, and local taxes related to the award of the prize are solely the responsibility of the winner. Prizes may not be sold, bartered, or auctioned. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but in no event will Sponsor award more prizes than are provided for in the Official Rules. Unclaimed prizes will not be awarded. For tax purposes, the winner of a prize with an ARV of at least $600 will be required to accurately complete and submit IRS Form W-9 to the Sponsor and Sponsor will arrange to issue an IRS Form 1099 MISC to winner reflecting the value of the prize.

Disclaimer and Representations. Each winner assumes all liability for any injuries or damages caused or claimed to be caused by winner’s participation in the Sweepstakes and/or the acceptance and/or use of any prize, and releases the Sponsor and Co-Sponsor and their respective parent companies, subsidiaries, and affiliates, and all of their officers, directors, agents, and employees (collectively, “Releasees”), from any such liability. Releasees are not responsible for: the failure of any entry to be received by the Sponsor because of electronic device errors or failures of any kind, internet disruption, telecommunications, network, electronic, telephone or mobile service outages, delays, busy signals, or any equipment malfunctions or other technical difficulties that may prevent the Sponsor from receiving any entry submission; entries that are illegible, unintelligible, incomplete, stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged; any injury or damage to the entrant’s or any other person’s electronic device related to or resulting from participation or accessing or downloading any materials related to the Sweepstakes; or any human errors, any inaccurate transcription of entry information, errors in any promotional or marketing materials or errors in these Official Rules. If you choose to enter using your mobile phone, standard message and data rates may apply.

Sponsor reserves the right to disqualify any individual from participation in the Sweepstakes if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Sweepstakes; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Sweepstakes; or (d) has acted toward Sponsor, any other entity affiliated with the Sweepstakes, or any other entrant in an unfair, inequitable, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or entry materials used in connection with the Sweepstakes, the terms of these Official Rules will govern.

Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if an insufficient number of entries are received or if the Sweepstakes is not capable of running as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort, or for any reason beyond Sponsor’s control. If due to circumstances beyond the control of the Sponsor, any event related to the Sweepstakes or prize is delayed, rescheduled, postponed, cancelled or has a change of venue, the Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes. Notice of cancellation or modification of the Sweepstakes will be published on Sponsor’s website. If cancellation occurs prior to Sponsor’s receipt of any entries, Sponsor will not be obligated to award prize(s). If cancellation occurs after Sponsor’s receipt of entries, winner(s) will be selected by random drawing from among all eligible, non-suspect entries received prior to cancellation, provided Sponsor is able to do so.

Entry constitutes permission (except where prohibited by law) to use winner’s name, home city and state, likeness and/or voice for commercial purposes including advertising, promotion and publicity without additional compensation. The winner’s name and city of residence may be posted online and disclosed to those who make a timely request for a winners list.

By accessing these Official Rules or entering the Sweepstakes on www.KSAT.com, you are deemed to agree to be bound by www.KSAT.com’s Terms of Use and Privacy Policy.

In Case of Dispute. EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT SHALL DAMAGES INCLUDE ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor(s) in connection with the Sweepstakes will be governed by and construed in accordance with the laws of state where the Sponsor is located as set forth below (“State”), without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. The state and federal courts located in the State will be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All entrants and winner(s) agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the state and federal courts in the State and waive the right to sweepstakes jurisdiction.

Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Winner List. For the name(s) of the winner(s), send request and a self-addressed stamped envelope to Sponsor at 1408 N St. Mary’s Street, San Antonio TX 78215. Attn: Sweepstakes Winner’s List or request it online at emartin@ksat.com. Be sure to specify the name of the sweepstakes for which you are requesting the list of winner(s). Request must be postmarked after Sweepstakes Period and received by Sponsor no later than 60 days after the close of the Sweepstakes Period.

Sponsor/Administrator: KSAT, 1408 N. St. Mary’s, San Antonio, TX 78215

Co-Sponsor: Bésame Food Truck Park, 511 E Grayson St, San Antonio, TX 78215