Dairy Queen Pay It Forward Contest

Official Rules

 

• VOID WHERE PROHIBITED BY LAW.
• ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
• THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR TIKTOK.

 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU 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.

 

1. ELIGIBILITY: The Dairy Queen Pay It Forward Contest (“Contest”) is open only to legal United States residents of Texas who were selected as winners in the Dairy Queen Pay It Forward Sweepstakes (the “Sweepstakes”) and received and used their $100 DQ Gift Card to “Pay It Forward with DQ”. Employees, officers and directors of Texas Dairy Queen Operators’ Council (“Sponsor”), Realtime Media LLC (“Administrator”), The Loomis Agency, Aardvark Communications, Texas Monthly, and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, 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 their respective spouses, 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. Void where prohibited by law. All federal, state, and local laws and regulations apply. By participating in the Contest, you unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules, administration of the Contest, selection of the winners, and Sponsor’s exercise of discretion, which will be final, non-appealable, and binding in all respects.

 

2. TIMING: The Contest is active during two (2) separate phases (each, a “Phase”), each corresponding to a Sweepstakes Entry Period. You may only enter the Contest Phase associated with the Sweepstakes Entry Period in which you won your prize. Each Phase includes an “Entry Period” where participants submit a video of their Pay It Forward moment (as further described below) and a “Judging Period” where Sponsor’s judges will score entries to determine the one (1) winner for that Contest Phase. The designated computer clock of the Sponsor is the official time-keeping device in the Contest.

 

Phase 1 Timing:

• Entry Period: The Contest Phase 1 Entry Period starts at 12:00 a.m. Central Time (“CT”) on April 1, 2026 and ends at 1159 p.m. CT on April 30, 2026.
• Judging Period: The Contest Phase 1 Judging Period starts on May 1, 2026 and ends on May 8, 2026
• Winner Announcement: The one (1) Contest Phase 1 winner will be announced on Sponsor’s social media accounts on or around May 11, 2026.

 

Phase 2 Timing:

• Entry Period: The Contest Phase 2 Entry Period starts at 12:00 a.m. Central Time (“CT”) on October 1, 2026 and ends at 1159 p.m. CT on October 30, 2026.
• Judging Period: The Contest Phase 2 Judging Period starts on November 2, 2026 and ends on November 9, 2026
• Winner Announcement: The one (1) Contest Phase 2 winner will be announced on Sponsor’s social media accounts on or around November 10, 2026.

 

3. HOW TO ENTER: To enter the Contest, take the following steps:

 

1. During the applicable Contest Entry Period, make a video of how you used your $100 DQ Gift Card received as the prize in the Sweepstakes to “share the love” or “start a kindness movement” (the “Video”). Your Video may not exceed 5 minutes in length. No one other than you should identifiably appear in the Content unless you have express permission from any such individual. Content must not include any minor children unless you are the minor child(ren)’s parent/legal guardian.

 

1. Remain a follower of the Texas DQ and Texas County Reporter social media handles on either Instagram: @dairyqueentx and @texascountryreporter; or TikTok: @dairyqueentexas and @texascountyreporter. The Texas DQ social media accounts are referred to herein as the “Sponsor’s Account” and the Texas County Reporter social media accounts are referred to as the “Texas County Reporter Account”.

 

• During the applicable Contest Entry Period, create a new post on Instagram or TikTok with your Video, and include the hashtags #DQPayitForward and #Contest, and @mention/tag the Sponsor’s Account and the Texas Country Reporter Account (collectively, the “Entry”). Be sure your social media account used to post the Entry is set to public.

 

All Entries must follow the technical, creative, and legal requirements disclosed on the Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (see below). If you successfully take all of the steps above, your Entry will be considered in this Contest.

 

Your social media account used to post your Entry must be set to public, and you must remain a follower of both the Sponsor’s Account and Texas County Reporter Account for at least sixty (60) days after the Contest Entry Period for proper administration purposes, including winner notification. NOTE: Sponsor may not receive entries from users with “private” / “protected” account settings (i.e., user has set their social media account so that only people the user has approved can view their posts) due to the way each of the social media platforms operates their services. Entries not received by Sponsor will not be entered into the Contest. By including the hashtags #DQPayitForward and #Contest with your Video and @mentioning/tagging the Sponsor’s Account and the Texas Country Reporter Account, you are confirming your acceptance of and agreement to these Official Rules.

 

Note: To participate and enter this Contest you will need an Instagram and/or TikTok account. To create an account for free, visit the applicable social media platform’s website or download the application from your mobile device’s app store and sign up for an account. By submitting your information and creating an account, you will be required to agree to the applicable social media platform’s terms of service and privacy policy. If you do not agree to the applicable social media platform’s terms of service and privacy notice, you cannot create an account on that applicable social media platform or participate in this Contest on that applicable social media platform. NOTE: If participating in the Contest via a mobile device, message and data rates may apply. Not all mobile telephone providers carry the service necessary to participate in this Contest. Entrants should consult their wireless provider’s pricing plans.

 

The Contest Parties are not responsible for technical difficulties of any kind, or for unavailability of any social media platform or any service interruption.

 

LIMIT: One (1) Entry per person for the entire Contest. Attempts made by the same individual to earn more than the stated number of entries by using multiple or false contact information, social media accounts, or otherwise may result in disqualification. Entries generated by artificial intelligence, script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Those who do not follow all instructions of Sponsor may be disqualified. Entries submitted by those who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Entrants may not share a social media account. In the event of a dispute over the identity of an entrant, the Entry will be deemed posted by the registered account holder of the email address associated with the applicable social media account that posted such Entry, provided that person is eligible. Any potential winner may be required to show proof of being the registered account holder. 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 submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.

 

4. CONTENT GUIDELINES: All Entries must comply with the following:

• Must be in the English language;
• Must have approval from all visibly identifiable individuals appearing in the Video, and be able to provide express written consent for every such person appearing or heard in the Video to Sponsor and/or Administrator if requested;
• Must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased;
• Must not disparage the Contest Parties, or any other person or party affiliated with the promotion and administration of this Contest;
• Must not include any protected personal information;
• Must be the original work of the entrant and must not contain images or artwork, music, quotes, parodies or other materials not created by entrant;
• Must not prominently feature brand names, logos or trademarks other than Sponsor’s trademarks in any other element of the Video, which Sponsor has granted, with respect to the Sponsor’s trademarks, entrant a limited license to use for purposes of this Contest. Sponsor reserves the right to ask the entrant to create a new Video, edit it, or blur out logos/trademarks in the Video;
• Must not have been submitted previously in a promotion or contest of any kind and has not been exhibited or distributed currently or previously in any media;
• Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
• Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
  • gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
  • the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
  • the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
• Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
• Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
• Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry was created

 

By submitting an Entry, entrant hereby grants permission for the Content, including the entrant’s Instagram/TikTok handle and public profile information, to be publicly posted, at Sponsor’s sole discretion.

 

IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into an Entry does so at his or her own risk. If Sponsor (or any social media platform) is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the applicable platform because of such infringement, such Entry may be disqualified from the Sweepstakes, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes, and such entrant eligibility is verified. Each person who enters this Each entrant hereby agrees to indemnify and hold the Contest Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

 

You acknowledge that Entries are not being submitted in confidence or in trust to Sponsor, and that no confidential or fiduciary relationship is intended or created. By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Contest that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material. 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 Entries and there is no obligation for any Contest Party to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entries are not confidential, and the Contest Parties’ only obligations to entrants regarding Entries 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. By participating in the Contest, except where legally prohibited, you grant permission for the Contest Parties and their respective designees to use your name, address (city and state), biographical information, photograph, video, 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. The Contest Parties reserve the right to request at any time proof you maintain all necessary rights in your Entry in order to grant the Contest Parties the rights required herein in a form acceptable to the Contest Parties. Failure to provide such proof may lead to, among other things, disqualification from the Contest

 

5. JUDGING PERIOD: During each Judging Period, a panel of qualified judges (“Judges”) determined by Sponsor, in its sole discretion, will score each eligible Entry received in the applicable Contest Phase up to the maximum number of points allowed. Judging will be based on the following criteria:

 

• 50%: Authentic Philanthropy
• 25%: Creativity
• 25% Use of the DQ Product and Product Visibility

 

The one (1) entrant associated with the Entry with the highest Judges’ scores will be named the potential winner. In the event of any ties in determining the position of an entrant, a tie-breaking judge will score all tied Entries based on the criteria set forth above, and the Entry with the highest tie-breaking judge’s score will prevail. If the potential winner is found to be ineligible, if the potential winner cannot be contacted, if the potential winner cannot or will not accept the prize, or if the potential winner does not comply with these Official Rules, the potential winner will be disqualified and the entrant associated with the Entry with the next-highest Judges’ scores will be named the potential winner. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection.

 

Sponsor reserves the right to not award a prize if, in its sole discretion, it does not receive a sufficient number or quality of eligible and qualified Entries in a Contest Phase.

 

6. WINNER NOTIFICATION/PRIZE CLAIMING: Each potential winner will be notified by the Sponsor via email after the applicable Judging Period. The Contest Parties are not responsible for and shall not be liable for incorrect, changed, or illegible contact information or for electronic communications that are undeliverable as a result of any form of active or passive filtering, or insufficient space in an entrant’s email or other account to receive messages. Contest Parties are not responsible for late, lost, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. Notification is deemed to have occurred immediately upon the sending of an email. As part of the winner notification process, each potential winner will be required to respond to Sponsor’s notification and provide their hat size, confirm their mailing address as well as any other requested information within three (3) days from date of notification, as a condition of receiving a prize. If a potential winner cannot be contacted within a reasonable time period or any notification is returned as undeliverable, if a potential winner fails or refuses to respond with the requested information within three (3) days, and/or if a potential winner is deemed ineligible or noncompliant, such potential winner will be disqualified (resulting in forfeiture of their prize), and an alternate will be determined as set forth above. A potential winner becomes a “winner” only after verification of eligibility by Sponsor.

 

No more than one (1) prize will be awarded in each Contest Phase, provided Sponsor receives a sufficient number of eligible and qualified Entries.

 

7. PRIZES/PRIZE RESTRICTIONS: The prizes to be awarded in this Contest are:

 

Two (2) Prizes – One (1) Per Contest Phase: Each prize is a $500 DQ Gift Card, a custom Stetson Open-Road straw hat with a “DQ That’s What I Like About Texas” leather hat band, a 5-Year Subscription to Texas Monthly, a signed copy of Y’all Need This Book: The Definitive Guide to Being Texan by J.B. Sauceda, and additional items selected by DQ and the Texas County Reporter. The approximate retail value (“ARV”) of each prize is $1,045.

 

The total ARV of all prizes available in the Contest is $2,090.

 

Gift cards are subject to the issuer’s terms and conditions and will not be replaced if lost, stolen, or damaged. 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 are subject to applicable rules and restrictions. In the event that Sponsor is unable to provide a prize or prize component, the Sponsor may elect to provide a winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prizes 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 prize received, regardless of whether it, in whole or in part, is used. Any unclaimed prize 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 prize components 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 such prize will be forfeited, and the Contest Parties will have no further obligation with respect to that prize or portion of the prize. Administrator will attempt to fulfill all properly-claimed prizes within approximately four (4) to six (6) days after winner verification.

 

8. GENERAL: Subject to applicable law, each entrant hereby expressly grants to the Contest Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish their Comment and associated social handle(s), and additionally, each winner expressly grants the irrevocable right to also use and publish his/her name, likeness (photographic 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 a prize to a winner. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each entrant 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 entrant hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of entrant’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, 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. 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 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.

 

9. 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 (or terminate the prize of) any individual who is found to be, or suspected of, acting in any manner deemed by the Contest Parties to be in violation of the Official Rules, or to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person, or to be tampering with the entry process or the operation of the Contest, 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.

 

10. WAIVERS AND DISCLAIMERS: The Contest Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled 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 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 Instagram 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 entrants 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 using the Judging criteria set forth above from among all non-suspect, eligible Entries received for the applicable Contest Phase up to the time of such action.

 

11. RELEASES: All entrants, as a condition of participation in this Contest, release, discharge, indemnify and hold harmless the Contest Parties, Meta Platforms, Inc., TikTok USDS Joint Venture LLC, 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, death, 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; (ii) the receipt, ownership, use or misuse of the prize awarded; (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) entrant’s registration material on any related website; or (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.

 

12. 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 State of 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.

 

13. 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 the State of 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 the State of 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 the State of 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.

 

14. ENTRY INFORMATION AND CONTEST COMMUNICATIONS: As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information an entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s By participating in the Contest, entrant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://dqtexas.com/privacy-policy/. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

 

15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

16. WINNERS LIST: To receive a list of the names of the winner, send a #10 self-addressed, stamped envelope for receipt by December 29, 2026 to: Dairy Queen Pay It Forward Contest (12327) – Winners List Request, c/o Realtime Media, 2460 General Armistead Ave, Suite 209, West Norriton, PA 19403.

 

17. SPONSOR: Texas Dairy Queen Operators’ Council, 2120 Forum Pkwy, Bedford, TX 76021. Reference to third parties in connection with the 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.

 

18. ADMINISTRATOR: Realtime Media LLC, 2460 General Armistead Ave, Suite 209, West Norriton, PA 19403.