BENESTAR BRANDS SOCIAL MEDIA GIVEAWAYS

OFFICIAL RULES

 

By entering, you as “Entrants” accept these Official Rules (available on Sponsor’s profile, bio or other page on the respective Social Media Platform and at https://www.evansfoodgroup.com/sweepstakes the “Website”), any additional communications/advertisements specific to a particular Promotion, and the decisions of the Sponsor, all of which are final and binding. Please read these Rules carefully. If you do not agree to the Rules, you should not participate in a Promotion; submission of an entry will constitute your acceptance. Without limitation, Sponsor reserves the absolute right to modify these Official Rules, in whole or in part, at any time by posting revised Rules on the Website.

 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access and applicable social media account are required to enter. You have not yet won.

 

ARBITRATION NOTICE: BY ENTERING A PROMOTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.

 

SPONSOR:  Evans Food Group, Ltd.  (Chicas®, 4505™, Cazo De Oro™ Mac’s®, Turkey Creek™ and PORQ™)   (“Sponsor”), 4118 South Halsted Street, Chicago, IL 60609.

 

ELIGIBILITY: From time to time, Sponsor through one or more of its subsidiaries, companies and/or brands may offer either contemporaneously or separately, one or more sweepstakes (each is a “Promotion”) which are, unless otherwise stated, offered in the 50 U.S. including D.C., (“U.S.”) to individuals 18 or older at time of entry (eligible “Entrant(s)”). Employees, officers and directors of Sponsor, its subsidiary and affiliated companies and brands, advertising and promotion agencies, and any other individuals/entities involved as promotion partners, prize suppliers, or in the implementation and/or execution of any Promotion (collectively “Promotion Entities”) and the immediate family members (spouses and parents, partners, children and siblings and their spouses, including foster and step-relations regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter. Void where prohibited or restricted by law.

 

PROMOTION PERIOD:  Unless otherwise stated, a Promotion will begin on or about 12:00 am Central Time (“CT”) on the day a Promotion Ad (defined below) is posted on the applicable Social Media Platform and end 11:59 pm CT on the last day specified (each is the “Promotion Period”). Central Time shall govern unless otherwise stated in the Ad. Without limiting any rights with respect to any authorized Promotion, Sponsor reserves the absolute right to disavow and immediately void at any time any Ad or individual Promotion that has not been authorized or approved by Sponsor. Without limiting the foregoing, Sponsor reserves the absolute right to terminate, cancel or modify a Promotion, in whole or in part, by posting immediate notice either via the Sponsor’s page on the Social Media Platform used to facilitate the Promotion, or on Sponsor’s Website. These Official Rules shall be considered a part of and merged into all valid, authorized Promotion Ads. Each Ad may provide different or additional specificity with respect to particulars of a Promotion (such as eligibility, entry deadlines, entry requirements, prizes, etc.) and such Ad shall govern such particulars, but in all other respects these Official Rules shall apply to and control each Promotion.

 

ENTRY DETAILS/HOW TO ENTER:  From time to time, Sponsor (or an authorized third-party) may but without obligation conduct Promotion(s) by disseminating a Promotion related advertisement containing a call to action for entry/ies on one or more approved Social Media Platform(s) and/or through Sponsor’s or an authorized third-party website (authorized Promotion “Ad”). Such approved platforms are generally expected, but not guaranteed, to include Facebook, Twitter and/or Instagram, or any other reputable social media platform, but each will be selected in Sponsor’s discretion (each is an approved “Social Media Platform” or “Platform”). An Ad may be disseminated by Sponsor or its authorized third-parties’ which may vary. The Ad may be displayed on Sponsor’s and/or third parties’ own account(s), page(s), websites, or via their approved representatives, as applicable.

 

In your Social Media Platform account, your privacy settings must be set to public and cannot be set to “off” or “private” in order to participate and receive Promotion and/or winner notifications. When prompted by the Ad during its respective Promotion Period, respond to the requirements in full, include the required hashtags and @reply, and comply with all instructions to submit your entry (“Entry”). Entry instructions and requirements will vary. Once submitted, an Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Limit one (1) Entry per person, per Promotion (regardless of entry methods provided, if applicable). A Promotion may be advertised via more than one Social Media Platform but, unless otherwise stated, the prize available to be awarded in such Promotion is not Platform specific, and is offered for the overall Promotion.

 

CONDITIONS OF ENTRY: Entries may only be submitted by a single registered Social Media account user; group or commercial submissions are not permissible.  Multiple entrants are not permitted to share the same device, Social Media account, IP or email address. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion you are entering. Sponsor has the right to verify Entries and/or Entrants’ eligibility and compliance with these Official Rules, and on the basis of the investigation, to disqualify any Entrant at any time during or after the Promotion Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, voiding/cancelling the Promotion, subject a winner to disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself or any one of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding a prize to any Entrant or winner. Incomplete, inaccurate, invalid, illegal, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entrant/Entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the Entry as a whole (and Entrant) may be disqualified.  Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for a Promotion. Entries submitted via any other entry method, platform, portal, app than stated will not be accepted. Entries do not carry over into other Promotions.

 

Entrants may not enter through an on-line sweepstakes club (paid or unpaid, or similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or agents, with multiple or false identities, accounts, devices, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter or participate. Any Entrant who is suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to participate multiple times, with multiple e-mail, accounts, and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Entrant suspected of using/benefitting from such methods.  In the event of a dispute as to the identity of an online Entrant, the authorized named account holder on the Social Media Platform used to enter will be deemed to be the Entrant.  Potential winners may be required to show proof of being the authorized account holder, or otherwise eligible.

 

Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible Entries or other Promotion related communications (in whole or in part); Website or Social Media Platform, computer/server, telephone, network, electronic, digital, wireless or Internet, hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or other information, or failure to capture any information. Entrants and the Entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or will be disqualified.

 

YOUR USE OF SOCIAL MEDIA: While you may tag, forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and Entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion. If you don’t have a Social Media account, you can become a member without charge by simply following the Social Media Platform instructions and accepting the terms and conditions of use. Entrants’ use of the respective Social Media Platform used to enter and/or facilitate Entry must comply with and be in accordance with its respective Terms of Use, Terms of Service, Guidelines and Policies (available on their respective Platforms). Sponsor assumes no responsibility for Entrant’s disregard or failure to comply. This Promotion is in no way sponsored, endorsed or administered by any Social Media Platform.

 

By entering, Entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. A delay may occur between uploading an Entry and availability into the public gallery, if any. If an Entrant, or their Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or that it may have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services, or the Entry does not initially appear compliant with the respective Social Media Platform guidelines, then Sponsor reserves the right to disqualify such Entry/entrant and remove any/all such Entry/Entries immediately from the gallery (if any) and a Promotion.

 

YOUR USE OF A MOBILE DEVICE: If an Entrant is participating in a Promotion via a mobile device, message and data rates may apply.  Entrant should consult his/her wireless service provider regarding its pricing plans.  Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of Entry. Consent is not a condition of any purchase.

 

DRAWING/ODDS: Potential prize winner(s) will be randomly selected by Sponsor on or within approx. fifteen (15) working days following the end of a Promotion Period, from among all eligible Entries received during the applicable Promotion. Odds of winning a Promotion prize depend on the number of eligible Entries received for such Promotion. Entries will not carry over into any subsequent Promotion. If more than one drawing will be offered within a Promotion, for example daily or weekly drawings, it is generally anticipated that non-winning Entries will not carry over into subsequent drawings. Unless otherwise stated, potential winner(s) may be direct messaged via the Social Media Platform used to enter, and asked to respond with their full name, email and/or address for verification and prize fulfillment purposes. Potential prize winner may be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability, and where lawful, Publicity Release within the time stated by Sponsor, or else prize will be forfeited and an alternate potential winner selected from remaining eligible Entries. Prize will be forfeited if prize notification or Declaration is not timely responded to or received, as applicable, according to the instructions and by the deadline provided in such prize notification.

 

PRIZE/APPROXIMATE RETAIL VALUES (“ARV”): Prize awards are subject to verification of eligibility and compliance with these Official Rules. Prize(s): Prize descriptions and numbers available to be awarded in a Promotion will be as advertised in the Promotion Ad. Prizes are anticipated to consist of product prize packs, physical or electronic gift cards, coupons, and/or other lower-value merchandise. ARV of prizes are anticipated to range between $10 - $100 per prize but will be as stated in the Ad. Prize delivery arrangements must be made in accordance with Sponsor’s instructions specific to a Promotion. Limit one (1) prize per person/household, per Promotion. The right to receive and use a prize is personal to a winner, is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value. Winners are solely responsible for use/misuse of a prize and all costs and expenses not expressly set forth as being included in connection with any prize. Prizes will be awarded provided sufficient eligible Entries are received for a Promotion. Prize awards are subject to verification and compliance; prize(s) will only be awarded to verified and confirmed winner(s). Only the number and description of prize(s) stated in the Promotion Ad is/are available to be won in a Promotion and any such prize award is subject to the prerequisites and limitations stated herein, the Ad, and/or Declaration if applicable. PRIZE, AND ANY ELEMENT THEREOF, INCLUDING ANY PRODUCTS, GIFT CARDS, OR TICKETS RECEIVED AS A PRIZE (IF ANY), MAY NOT BE SOLD, RESOLD, AUCTIONED, BARTERED, OR PLACED INTO ANY OTHER UNAUTHORIZED CHANNELS OF DISTRIBUTION. Gift cards, coupons, tickets and events are subject to the terms and conditions of issuer or organizer. Any non-Sponsor trademarks used or displayed in connection with any prizes are the property of their respective manufacturers/owners, which are not sponsors of or otherwise affiliated with a Promotion. Any prize pictured in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. Compliance with reporting requirements and payment of all applicable local, state, and federal taxes and all expenses not specifically stated as being included in the Promotion are solely the responsibility of a U.S. winner, if applicable.

 

PROMOTIONS, ALL PRIZES (WITH THE EXCEPTION OF VALID MANUFACTURER WARRANTIES) AND ANY AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.

 

GENERAL:  In the event of noncompliance, if an Entrant is found to be/become noncompliant or ineligible during or after a Promotion Period, or a potential winner fails to respond within the time specified, declines a prize, or cannot be reached within one (1) attempt using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner may be randomly selected for the applicable prize. After one unsuccessful attempt to verify an alternate winner for the prize in any particular Promotion, the respective prize will remain un-awarded; there will not be a second chance drawing. Prize or prize notifications that are un-awarded, unclaimed, returned, not timely responded to, untimely, misdirected (including into spam/junk folders), ignored, or undeliverable will be forfeited and will not be re-awarded.

 

PUBLICITY RELEASE: By entering and/or accepting a prize in any Promotion, Entrants and winners: (i) consent, where lawful, to the use by Sponsor, Promotion Entities (and their affiliates and authorized representatives) of their name, handle, image, likeness, hometown, and biographical information (“Personal Attributes”), for marketing, business, commercial and any other purposes of Sponsor in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, including Sponsor’s and/or unrelated third-parties’ social media platforms and sites (“media”), without notice, review or approval and without additional compensation except where prohibited by law; and (ii) grant to the Sponsor (and its affiliates and authorized representatives) a worldwide, royalty-free, and non-exclusive license to use, mention, commercially exploit, produce, reproduce, distribute, transmit, publish, publicly perform, publicly display, broadcast, exhibit and create a derivative work from (“use”) any Entry in whole or in part that Entrant submits to a Promotion (including all information and Personal Attributes included therein) for marketing, business, commercial and any other purposes of Sponsor in any and all media, and Entrants further agree not to assert moral rights in/to an Entry.

 

PRIVACY: Please refer to Sponsor’s Privacy Policy at  https://www.evansfoodgroup.com/privacy-policy and its Terms of Use at https://www.evansfoodgroup.com/terms-of-use for information about how your information is collected, used and disclosed. By entering a Promotion, each Entrant expressly consents to the Sponsor, and its affiliates and their authorized representatives collecting, storing, sharing and use of the personal information submitted with Entry for the purpose of administering the Promotion, prize award and fulfillment, and in accordance with Sponsor’s applicable Privacy Policy and Terms of Use. 

 

LIMITATIONS OF LIABILITY/RELEASE: If, for any reason, a Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend that Promotion, or any element thereof or to select the winner(s) (for the applicable prize) from Entries received prior to the action but only as deemed fair by Sponsor, in its absolute discretion. Persons suspected of tampering with or abusing any aspect of a Promotion, Platform or Website, as solely determined by the Sponsor, will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to Entrants’ or to any other person's computer or mobile device related to or resulting from participating in a Promotion or downloading materials from or use of a Website or Platform. 

 

Promotion Entities shall not be liable to any winner(s) or any other person or entity for failure to execute a Promotion or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, supply chain issues, work slow-down, civil disturbance, insurrection, riot, event cancellation, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AND WINNER(S) AGREE TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS (“RELEASE”) SPONSOR AND ALL OTHER PROMOTION ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND DIVISIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL THREATENED OR ACTUAL ACTIONS, LIABILITIES, CLAIMS, DEMANDS, LOSSES, LAWSUITS, JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHETHER OR NOT LITIGATION IS COMMENCED (“DISPUTES”) ARISING AT ANY TIME FROM THE PROMOTION AND ANY ELEMENT THEREOF; THE ENTRY (IN WHOLE OR IN PART); PARTICIPATION IN ANY PROMOTION AND/OR PRIZE-RELATED ACTIVITY, OR INABILITY TO RECEIVE OR PARTICIPATE IN IT OR ANY PART THEREOF; THE DELIVERY, ACCEPTANCE, USE, MIS-USE OF A PRIZE OR ANY ELEMENT THEREOF, OR ANY FAILURE WITH RESPECT THERETO BY ANY PERSON OR ENTITY; PERSONAL INJURIES INCLUDING DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, VIOLATION OF ANY RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE PROMOTION OR A PRIZE AND ANY ELEMENT THEREOF; ANY ACT, DEFAULT, OMISSION, NON-COMPLIANCE, AND/OR A VIOLATION OR BREACH OF ANY LAW OR AGREEMENT, REPRESENTATION, WARRANTY OR COVENANT MADE HEREIN, OR ANY OTHER AGREEMENTS BY/WITH ENTRANT, THE SPONSOR AND/OR ANY OTHER PROMOTION ENTITY OR RELEASED PARTY, OR ANY OTHER THIRD-PERSON OR ENTITY WHO MAY NOT BE A PARTY TO THESE RULES. To the maximum extent permitted by law, Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules or in connection with a specific Promotion does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules or applicable Ad only to the extent of its invalidity, illegality or unenforceability, and these Official Rules or the Ad, as applicable, shall be construed and enforced as if they did not contain the stricken provision.

 

In no event will Sponsor or other Promotion Entities, their parent, affiliates, subsidiaries and related companies and brands, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES arising out of participation in any Promotion or any Promotion related activities, or any element thereof.

 

DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually by arbitration, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Chicago, IL.

 

WINNERS LIST:  For name of prize winner(s) over $25, mail a SASE to: The name of the Promotion (for which you are requesting winner(s)) Winner List Request, at the Sponsor’s address, for receipt on or within five working days from the end date of the applicable Promotion Period.  Limit one (1) request per person/household address per Promotion.