The Biggest DQ® Fan in Texas Presented by Dr Pepper Official Rules
- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- NOTE TO ALL MINOR ENTRANTS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER. EACH WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE DECLARATION (IF APPLICABLE) OR THE PRIZE MAY BE FORFEITED. EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF MINOR ENTRANT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, ENTRANTS (AND A MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN ON MINOR’S BEHALF) AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The Biggest DQ® Fan in Texas Presented by Dr Pepper (“Contest”) is open only to individuals who are legal residents and physically located in Texas who are at least thirteen (13) years of age or older as of time/date of entry. Employees, officers and directors of Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council (“TDQOC”) (“Sponsors”), LOOMIS Agency, Aardvark Communications, Realtime Media LLC (“Administrator”), and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Contest Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. By participating in the Contest, each entrant (and a minor entrant’s parent or legal guardian on a minor’s behalf) unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. Each minor entrant’s parent or legal guardian agrees to be bound by these Official Rules both individually and on behalf of the minor entrant.
- TIMING: The Contest begins at 8:00 a.m. Central Time (“CT”) on May 29, 2023 and ends at 8:00 a.m. CT on August 6, 2023 (the “Entry Period”). The designated computer clock of the Texas Dairy Queen Operators’ Council is the official time-keeping device in the Contest.
The Grand Prize Winner (defined below) will be announced on or around August 11, 2023.
- HOW TO ENTER:
Online Entry. To enter the Contest, during the Entry Period, visit the Contest website at https://dqtexas.com/biggestdqfan (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form. Follow the links and instructions to complete and submit the official entry form including your first name, city, state and zip code, email address, phone number, and date of birth, as prompted. Then, upload a photo of yourself at a Texas Dairy Queen along with a short description/essay (no more than 250 – 300 words) explaining why you are the “biggest DQ fan in Texas” (collectively, your “Submission”). The photo should comply with the size and format requirements below. The short description/essay must be in English or Spanish. For purposes of this Contest, a Submission is a photo and short description/essay that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (see below).
Limit of one (1) entry per person for the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All Submissions that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Submissions generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All Submissions become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of Submissions is the sole responsibility of the entrant.
In the event of a dispute over the identity of an online entrant, Submission will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Winners may be required to show proof of being the registered account holders. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. In the event that a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Submissions.
SUBMISSION CONTENT GUIDELINES: Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest, each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Submissions must be submitted in the English or Spanish language.
- Any photograph submitted as part of a Submission must be in one of the following file formats: .JPG, .PNG and .GIF, and cannot exceed 10MB.
- Any essay submitted as part of a Submission may be no longer than 250 – 300 words in length.
- You must be the only person who appears recognizably in the photo portion of your Submission.
- During the Entry Period, Submissions cannot be displayed or distributed except by Sponsor, and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner.
- Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by you, or for which you have all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, Submissions must include only materials created by you, or for which you have all rights required to comply with these Official Rules and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself. Submissions that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual.
- No background artwork should appear in the Submissions unless it is part of the décor of the Texas Dairy Queen restaurant or location.
- You must not submit a Submission that, if selected, cannot be assigned to Sponsor as contemplated below.
- LICENSE TO SUBMISSIONS: Upon submission of your Submission to the Contest, you irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to you or any third party, except for the awarding of the prize to the Winner in this Contest. Each person who creates a Submission agrees that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Submissions if selected as a Winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Declaration (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. If applicable, all Submissions that are posted on the Contest Website or elsewhere are available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
- REPRESENTATIONS AND WARRANTIES: By entering the Contest, each entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Contest Website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.
- JUDGING/DETERMINING THE WINNER(S): After the end of the Entry Period, a panel of qualified judges, selected by the Sponsor in its sole discretion, will score each Submission up to the maximum number of points allowed. Judges will review and judge all eligible Submissions based on the following judging criteria (“Judging Criteria”):
- DQ Spirit in Submission (60%)
- Compelling Story Conveyed in Essay and Submission (25%)
- Creativity (15%)
Submissions that do not contain all required entry information or are considered inappropriate for any reason are not eligible. The Submission with the highest score from the Judges will be deemed the potential Grand Prize “Winner”. The four (4) Submissions with the next-highest score will be deemed the potential Semi-Finalist Prize winners. In the event of a tie between two (2) or more Submisssions, the one with the higher score for DQ Spirit will be deemed the winner of the tie. If a tie remains, an additional “tie-breaking” judgewill be brought in to evaluate the tied Submissions, based on the Judging Criteria above. Sponsor reserves the right not to award all prizes or to choose fewer than four (4) Semi-Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
- WINNER NOTIFICATION: The potential winners will be notified using the information provided during entry via email or telephone, (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after selection of potential winners. The Contest Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or the placing of a phone call. As part of the winner notification process, a potential winner will be required to complete and submit a prize redemption form (“Redemption Form”) as a condition of receiving a prize. If any potential winner fails or refuses to sign and return such Redemption Form within three (3) days of date of notification or if the Redemption Form is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential winner, potential winner will be disqualified, and an alternate will be selected using the judging process above, if time permits. P.O. Boxes are not permitted. The Contest Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.
The potential Grand Prize winner (or parent/legal guardian if winner is a minor) will be required to complete and submit a declaration of eligibility / release of liability / prize acceptance agreement (collectively, the “Declaration”) and return it within three (3) days of notification before being eligible to receive his or her prize(s). If the potential winner fails or refuses to sign and return the Declaration within the required time period or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential winner, potential winner may be disqualified, and an alternate may be selected, if time permits. Non-compliance shall result in disqualification and possibly the award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence will be required to also sign the Declaration in order for the prize winner to be qualified to receive his or her prize. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner may be selected from among all remaining entries repeating the process identified above. No more than the stated prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Contest Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent.
- PRIZES/PRIZE RESTRICTIONS: The prizes to be awarded in this Contest is/are:
ONE (1) GRAND PRIZE: Grand Prize consists of a $1,000 DQ gift card, terms and conditions apply, a gift pack of the following: (a) one (1) Treats and Eats for a Year, $1,000 DQ gift card, (b) one (1) DQ branded swag, (c) one (1) Dr. Pepper swag, (d) one (1) Josh Abbott branded swag, (e) one (1) Texas Bucket list branded swag and (f) one (1) certificate proclaiming the grand prize winner as the Biggest DQ fan in Texas., all details determined by Sponsor in its sole discretion, the opportunity and requirement for winner to appear on a date to be determined by September 15, 2023 at winner’s local Dairy Queen location for the announcement of winner as the Grand Prize Winner and “Biggest DQ Fan in Texas”, the presentation of the prize items, and the opportunity and requirement to be photographed with representatives of Texas Dairy Queen. The Approximate Retail Value of the Grand Prize is: $1,400.00.
FOUR (4) SEMI-FINALIST PRIZES: Prizes consist of a $50 DQ gift card, terms and conditions apply, a gift pack that includes the following: (a) one (1) $50 DQ gift card, (b) one (1) DQ t-shirt and (c) one (1) Dr. Pepper swag., all details determined by Sponsor in its sole discretion. The ARV of each Semi-Finalist prize is: $100.00.
Limit: one (1) prize per person or household. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his or her prize(s), the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to the Grand Prize winner will be reported for tax purposes as required by law. The Grand Prize winner (or parent/legal guardian) will be required to provide Sponsor with a valid social security number before the prize will be awarded, for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner, or if a minor in the jurisdiction in which winner resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. The Contest Parties are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Contest Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The total ARV of all of the prize(s) awarded in this Contest is $1,800.00. The Contest Parties are not responsible for, and a winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. All prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended.
- GENERAL: Subject to applicable law, each winner hereby expressly grants to the Contest Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her Submission, name, social handles, likeness (photographic, video, or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Contest (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize(s) to the winner(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Contest Parties do not assume any responsibility for any disruption in the Contest Parties, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Contest Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- CONDUCT: The Contest Parties are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The Contest Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Contest, or to be acting in any manner deemed by the Contest Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Contest Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- WAIVERS AND DISCLAIMERS: The Contest Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Submissions, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries, Submissions or registrations at any point in the operation of this Contest; (d) 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, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or any website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Contest-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Contest. If, for any reason, the Contest (or any part thereof) 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 Contest, then the Contest Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. If terminated, the Contest Parties will award the prizes from among all non-suspect, eligible entries received for the Contest up to the time of such action.
- RELEASES: All participants, as a condition of participation in this Contest, agree to release, discharge, indemnify and hold harmless and indemnify the Contest Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Contest (including travel to/from any Contest activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel or appearance associated with any prize or prize award, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the Texas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Texas, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Texas, The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Texas. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES/ANTICIPATED NUMBER OF PARTICIPANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
- WINNERS LIST: To receive the list of Winners of prizes, send a #10 self-addressed, stamped envelope for receipt by October 18, 2023 to: The Biggest DQ® Fan in Texas Presented by Dr Pepper – Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.
- SPONSORS: Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
- ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,
DR PEPPER is a registered trademark of Dr Pepper/Seven Up Inc.
Please use the following short-form official rules disclosures for all advertising and marketing of the promotion (other than for specific channels outlined below):
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of Texas, 13 years of age and older. Void outside of TX & where prohibited by law. Contest begins at 8 am CT on 5/29/23 and ends at 8 am CT on 8/6/23. Subject to full Official Rules, click . Sponsors: Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of Texas, 13 years of age and older. Void outside of TX & where prohibited by law. Contest begins at 8 am CT on 5/29/23 and ends at 8 am CT on 8/6/23. Subject to full Official Rules, https://dqtexas.com/biggestdqfan Sponsors: Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council.
Social Posts (not including Twitter)
NO PURCHASE NECESSARY. Void outside TX & where prohibited. Open only to legal residents of TX, 13+. Enter before 8:00 am CT on 8/6/23. Subject to full Official Rules: https://dqtexas.com/biggestdqfan . Sponsors: Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council.
Social Posts for Twitter only
TX only, 13+. Subj2Rules: https://dqtexas.com/biggestdqfan
If space permits in the Twitter post, add
If the disclosures can be included on an image that will be posted along with the Twitter call-to-action (instead of including the disclosures in the written Twitter post), add the following disclosures on the image:
NO PURCHASE NECESSARY. Void outside TX & where prohibited by law. Open only to legal residents of TX, 13+. Entry period ends: 8 am CT 8/6/23. Subject to full Official Rules: https://dqtexas.com/biggestdqfan. Sponsors: Dr Pepper Snapple Group and Texas Dairy Queen Operators’ Council.
Online Ads – Banner
NO PURCHASE NECESSARY. TX only, 13+. Enter Contest before 8 am CT on 8/6/23. To enter and for Official Rules, visithttps://dqtexas.com/biggestdqfan
@Stella – This will need to link to the https://dqtexas.com/biggestdqfan
Be sure to verify the link to where the contest will be housed.