2024 Krystal Restaurants Giveaway
Official Rules
1.
Eligibility:
The 2024 Krystal Restaurants Giveaway (the "Sweepstakes")
is open only to legal U.S. residents currently residing in
Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, South Carolina, or Tennessee
("Eligibility Area") who are
twenty-one (21) years of age or older as of the date of their entry
("Entrant").
Franchisees and employees, directors and
officers of Dr Pepper/Seven Up, Inc. ("Prize Fulfillment Manager"),
Amp
Activate c/o Upshot LLC
("Administrator"),
Krystal
Restaurants LLC ("Sponsor")
,
Mercedes-Benz Stadium in Atlanta, GA
, and each of their respective affiliates, franchisees,
parents, subsidiary companies, advertising and promotion agencies, employees,
shareholders, directors, officers, members, successors, agents and assigns
(collectively, the "Released Parties"), and members of the immediate families
(spouses, parents, children, and siblings and their respective spouses,
regardless of where they reside), and/or those living in the same household,
whether or not related, of any of the foregoing are not eligible
.
Employees (and their family members/household) of any retailer where a
sweepstakes is promoted or held are excluded from participation in this
promotion. Void outside the
Eligibility Area
and where prohibited or otherwise restricted by law.
Promotion is subject to all applicable federal, state, and local laws. By
participating in the Promotion, you agree that: (1) you have read and
understand the Official Rules; (2) you meet the Promotion eligibility
requirements as explained in the Official Rules; (3) you accept and agree to be
bound by these Official Rules to Sponsor's Conditions of Use, Legal Notices and
Privacy Policy as published at
https://www.krystal.com/privacy-policy
; and (4) you unconditionally accept and agree to comply
with and abide by the decisions of Sponsor
and Administrator, whose decisions shall be final and binding in all respects.
2.
Sweepstakes Period:
The Sweepstakes begins at
12:00:00 AM Eastern Time ("ET") on 8/19/24 and ends at 11:59:59 PM ET on 10/27/24
the "Sweepstakes Period").
3. How to Enter: There are three (3) possible methods of entry ("Entry"). Regardless of method of Entry, there is a limit of one (1) Entry, per person, per day, throughout the Sweepstakes Period.
A.
Via Krystal
Restaurants App (the "App"): To enter the Sweepstakes via this method during
the Sweepstakes Period, from your enabled mobile device (your "Mobile Device"),
login on and
purchase a Dr
Pepper drink. If you do not already have an account via the App, you will be
prompted to create one to login. Creation of an account on the App is free.
"
B.
Via Krystal
Restaurants Website (the "Website"): To enter the Sweepstakes via this method
during the Sweepstakes Period, login to
www.krystal.com and
purchase
a Dr Pepper drink. If you do not already have an account via the Website, you
will be prompted to create one to login. Creation of an account on the Website
is free."
C. Via Email (Alternative Free Method of Entry): To enter the Sweepstakes via this method during the Sweepstakes Period, you must email KDPpromos@ampactivate.com (the "AMOE Email") with the name of the Sweepstakes: The 2024 Krystal Restaurants Giveaway, and provide your name, phone number, State of Residence, and you will need to confirm you are eligible and that you agree to be bound by these Official Rules.
All Entries
must be received during the Promotion Period to be eligible
. In the event of a dispute as to the person
responsible for any Entry, the authorized account holder of the email address
provided, or the Mobile Device used to for the Entry, will be deemed to be the
participant. The "authorized account holder" of an email address is
the natural person assigned an email address by an Internet access provider,
online service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address. The
"authorized account holder" of a Mobile Device is the natural person
in whose name the Mobile Device has been issued and to whom the services are
billed. Potential winners may be required to show proof of being an authorized
account holder.
All
Entries
become the property of Sponsor and will not be
acknowledged or returned. Multiple participants are not permitted to share the
same email address or Mobile Device. Any attempt by any participant to obtain
more than the stated number of Entries by using multiple/different email
addresses, Mobile Devices, phones, identities, or any other methods, may void
such participant"s Entries, at Sponsor"s sole discretion. Use of any automated
system to participate is prohibited and will result in disqualification.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible,
untranslatable, incomprehensible, or misdirected Entries. If you chose to
participate via a Mobile Device, other charges may apply (such as normal
airtime and carrier charges) and may appear on your mobile phone bill or be
deducted from your prepaid account balance. Wireless carriers' rate plans may
vary, and you should contact your wireless carrier for more information on
messaging rate plans and charges relating to your participation in this
Promotion. Mobile Device service may not be available in all areas. Check
your Mobile Device"s capabilities for specific instructions.
4.
Prize
Drawing/Prizes/Approximate
Retail Value ("ARV"):
On or about two (2) business day after the Promotion
Period has ended, Administrator, an independent judging agency, shall perform a
prize drawing from among all Entries received to select one (1) Potential Prize
winner ("Prize Winner"). Once confirmed, as detailed below,
one
(1) Prize Winner will
win a trip
for two (2) with two (2) nights at
a Sponsor specified hotel (one, standard-double
occupancy room),
one (1) pair of tickets to
the
2024 SEC Championship Game on December
7, 2024 at Mercedes-Benz Stadium in Atlanta, GA, two (2) welcome event tickets,
two (2) game day breakfast tickets, and
two (2)
pre-party passes. The Total Approximate Retail Value ("ARV") of the Promotion
is
one thousand eight hundred fifty dollars
(ARV: $1,850).
Prize Winner must use
accommodations on the dates determined by Sponsor in its sole discretion or
Prize will be forfeited. Accommodations are subject to availability. All
expenses and incidental travel costs associated with prize acceptance and use
not expressly stated in the package description above, including, but not
limited to, ground transportation, meals, incidentals, gratuities, baggage
fees, passenger tariffs or duties, airline fees, surcharges, service charges or
facility charges, personal charges at lodging, security fees, taxes or other
expenses are the responsibility solely of Prize Winner. Travel companion must
be twenty-one (21) years of age or older or a minor under the guardianship of
the Winner.
Sponsor will not replace any lost,
mutilated, or stolen tickets, travel vouchers or certificates. Prize Winner
will not receive the difference between actual and approximate retail value.
Prize
Winner will not be reimbursed for tickets. Tickets may be subject to their
standard rain-check policies and procedures. By accepting ticket Prize, Prize
Winner agrees to abide by any terms, conditions and restrictions provided by
the ticket. Prize Winner and guest will be required to comply with all venue
rules and regulations, including all COVID-19 protocols in effect at the venue
and hotel during the duration of the trip. Failure to do so may result in
forfeiture of the Prize as determined by Sponsor. Prize Winner and guest fully
understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease
(together with any mutation, adaptation or variation thereof, "COVID-19") is
extremely contagious and there is an inherent risk of exposure to COVID-19 in
any place where people are or have been present; (b) no precautions, including
the protocols that may be implemented from time to time based upon public
health and government-sponsored guidelines (collectively, the "Protocols") can
eliminate the risk of exposure to COVID-19; (c) while people of all ages and
health conditions have been adversely affected by COVID-19, certain people have
been identified by public health authorities as having greater risk based on
age and/or underlying medical conditions; and (d) exposure to COVID-19 can
result in being subject to quarantine requirements, illness, disability, other
short-term and long-term health effects, and/or death, regardless of age or
health condition.
All federal, state, and other tax
liabilities arising from accepting a Prize in this Sweepstakes are the sole
responsibility of the applicable Prize Winner. The Prize Winner will receive an
IRS Form 1099 at the end of the tax year in which they accepted the Prize for
the actual value of the Prize awarded.
Tickets may not be resold or offered
for resale. Any such resale may result in disqualification and Prize forfeiture
and may invalidate the license granted by the ticket(s).
Prizes
are awarded "as is" with no warranty or guarantee, either express or implied by
Sponsor. The decisions of Administrator and Sponsor are final and binding on
all matters relating to this Promotion.
The potential Prize Winner is not an official winner unless and
until Sponsor/Administrator confirms such.
Odds
of winning a Prize are dependent upon the total number of eligible Entries
received throughout the Sweepstakes Period.
There is a limit of one
(1) Prize per person for the entire Promotion Period.
5.
Prize Winner Notification/Verification:
The Released Parties are not responsible if the
Sweepstakes cannot take place as planned for any reason and accept no liability
whatsoever if the Sweepstakes is cancelled, delayed, rescheduled, postponed, or
otherwise impacted in any way.
By participating in
this Promotion, participants give their express permission to be contacted by
Sponsor or Administrator via email, Mobile Device, or in accordance with
information provided upon registration on or about two (2)
business days
after the Prize Drawing. Administrator will
make two (2) attempts to contact the potential Prize winners via such method.
Potential Prize Winners will have three (3) business days from the time of the
first notification attempt to respond to Administrator or potential winner will
be disqualified and Administrator will select/notify an alternate potential
winner. Potential Prize winners will be
required to execute and return a Declaration of eligibility, a liability
release and, where lawful, a publicity release within
seven (7) days of date of notification. If such documents are not returned
within the specified time, the Prize may be forfeited at Sponsor"s
discretion." If in any instance,
notification attempt(s) for the potential winner fail for any reason, or if a
potential winner is found to have not complied with these Official Rules, fails
to return any of the requested documents within the timeframe provided, or
cannot accept the Prize for any reason, the applicable Prize will be forfeited and
an alternate potential winner will be selected from among remaining eligible
Entries for that drawing, if any.
By
accepting a Prize in the Sweepstakes, all potential/confirmed winners hereby
consent to the use by the Sponsor of their Entry and all information contained
therein including but not limited to, name, likeness, opinions, images,
statements and/or other indicia of persona, and personally-identifiable
information (collectively "Likeness"), for any and all uses and purposes
(including, without limitation, for purposes of advertising and trade) in any
media now known or hereinafter developed in any manner throughout the world
(including, without limitation, the World Wide Web and on-air) in perpetuity
without additional consideration (where legal), consent or prior review, and
upon request will provide written consent to such use.
A participant is not an official Prize winner, even if a
winning message should so indicate, unless and until participant"s eligibility
has been confirmed and verification is complete, in Sponsor"s sole discretion.
Sponsor will not accept
screen shots or other evidence of winning in lieu of its validation process.
If for any reason, there are disputes as to the number of
actual Prize winners, the validation of potential Prize winners, or more Prizes
are claimed than set forth in these Official Rules, in the Sponsor"s and
Administrator"s sole discretion, Sponsor and Administrator may override the
Promotion computer algorithm and Prize award mechanics and award all Prizes by
conducting random drawing(s) from among all eligible Entries received
throughout the Promotion Period.
All decisions of Sponsor/Administrator
relating to the Sweepstakes and drawings are final.
""
6.
General Terms/Limitation of Liability:
Noncompliance with any of these Official Rules may
result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ENTRANTS
OR WINNERS OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SPONSOR
INTO DISREPUTE (IN SPONSOR"S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE
WINNER"S DISQUALIFICATION FROM THE SWEEPSTAKES AND FORFEITURE OF ANY
PRIZE." Sponsor, Administrator, and any
of their respective affiliates, bottlers, parents, subsidiary companies, and
advertising and promotion agencies, and officers, directors, employees and
representatives (collectively, "Released Parties") assume no
responsibility for late, lost, jumbled, garbled, misdirected, delayed,
incomplete, incorrect, or inaccurate Entries, direct messages, mail, or other
communications of any kind, whether caused by any of the equipment or
programming associated with or utilized in this Sweepstakes or by any human
error. Released Parties are not responsible for any problems or technical
malfunction(s) of any telephone network or lines, computer online systems,
servers or other services, providers, computer equipment, software, failure of
any e-mail, technical problems or traffic congestion on the Internet or at any
platform or website, including, without limitation, any injury or damage to
participant's or any other person's computer or other device related to or
resulting from participation in this Sweepstakes. Released Parties are not
responsible for other errors or difficulties of any kind whether human,
mechanical, electronic, computer, network, typographical, printing or otherwise
relating to or in connection with the Sweepstakes, including, without
limitation, errors or difficulties which may occur in connection with the
administration of the Sweepstakes, the processing of Entries, the announcement
of the Prize or in any Sweepstakes-related materials.
Sponsor reserves the right to cancel or modify the Sweepstakes for any
reason, including (but not limited to) i
f, for any reason, the
Sweepstakes is not capable of running as planned, including infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the control of the Sponsor which corrupt
or affect the administration, security, fairness, integrity or proper conduct
of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to
determine the Prize winners from
among all eligible Entries submitted prior to cancellation or as otherwise
deemed fair and appropriate by Sponsor. No software-generated, robotic, programmed,
script, macro or other automated tweets, comments, posts, statuses, and votes
are permitted. Sponsor reserves the right in its sole discretion to disqualify
any individual it suspects or finds: (i) to have used a software-generated,
robotic, programmed, script, macro or other automated online entry; (ii) to
have tampered with the participation process or the operation of this
Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to
be acting in an unsportsmanlike or disruptive manner, or with intent to annoy,
abuse, threaten or harass any other person; or (v) to have provided inaccurate
information on any legal documents submitted in connection with this
Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY
WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES
IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE;
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE
FULLEST EXTENT PERMITTED BY LAW. Entrants agree that the Released Parties: (a)
shall not be responsible or liable for, and hereby release the Released
Parties, from, any claims, losses, damages or injuries of any kind (including
death) resulting, in whole or in part, directly or indirectly, from
participation in the Sweepstakes or any Sweepstakes-related activity, or from
acceptance, receipt, possession and/or use/misuse or inability to use the Grand
Prize, and (b) have not made any warranty, representation or guarantee, express
or implied, in fact or in law, with respect to the Prize, including, without
limitation, to such Prize"s quality or fitness for a particular purpose.
Released Parties shall not be liable for any injury, damage, loss, expense,
accident, delay, inconvenience or irregularity that may be caused or
contributed to (1) by any wrongful, negligent or unauthorized act or omission
on the part of any of their agents, servants, employees or independent
contractors; (2) by any wrongful, negligent or unauthorized act or omission on
the part of any other person or entity not an employee of the Released Parties;
or (3) by any other cause, condition or event whatsoever beyond the control of
the Released Parties. Failure of Sponsor to enforce any provision herein shall
not be deemed a waiver of such. Sponsor reserves the right to modify these
rules for clarification purposes without materially affecting the terms and
conditions of the Sweepstakes.
If, for
any reason, the Sweepstakes is not capable of running as planned, including,
without limitation, infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the control
of the Sponsor which corrupt or affect the administration, security, fairness,
integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right
in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
Should the Sweepstakes be terminated prior to the stated expiration date,
notice will be posted where Sponsor deems fit and the Prizes will be awarded
via random drawings from among all eligible Entries received for each drawing
up until the time of termination, or in a manner that is fair and equitable as
determined by Sponsor. In such event, Sponsor reserves the right to award the
Prizes at random from among the eligible Entries received throughout the
Sweepstakes Period and overall, up to the time of the impairment. Sponsor"s
failure to enforce any term of these Official Rules shall not constitute a waiver
of that provision. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO
OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER.
IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES
THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN
THIS SWEEPSTAKES. If a court, or other tribunal of competent jurisdiction,
shall hold any of the provisions of these Official Rules to be illegal,
invalid, or unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary so that these Official Rules shall otherwise
remain in full force and effect.
7.
Governing Law/Venue
:
THE
PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF
THE STATE OF TEXAS AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TEXAS.
IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT
DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING
ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC.,
IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR
SUBSEQUENT VERSIONS THEREOF. THE RULES FOR SELECTION OF AN ARBITRATOR SHALL BE
FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN PROMOTIONAL LAW
AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS
PARAGRAPH WILL BE CONDUCTED IN COLLIN COUNTY TEXAS. THE REMEDY FOR ANY CLAIM
SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED
TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL
DAMAGES, INCLUDING ATTORNEYS" FEES OR OTHER SUCH RELATED COSTS OF BRINGING A
CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE
RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY,
WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
8.
Request for
the Names of the Winners and/or Official Rules:
"
For the name of the Prize winner, available after the Promotion
Period has ended, or a copy of the Official Rules, send a self-addressed
stamped envelope, to be received by 11/27/2024, to
2024 Krystal Restaurants
Giveaway,
PO Box 7775
Cumberland, RI 02864.
Please
note on the left-hand corner of your outer envelope if you are requesting the
Names of Winners or Official Rules.
9.
Sponsor:
Krystal Restaurants LLC., 1455 Lincoln Pkwy E, STE
600, Dunwoody, GA 30346
10.
Abbreviated Rules
NO
PURCHASE NECESSARY TO ENTER OR WIN
.
A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
Must
be a legal resident of
AL, FL, GA, KY, LA, MI, SC or TN
; 21+ as of the date of entry. The Sweepstakes begins on 8/19/24
at 12:00 a.m. ET and ends on 10/27/24 at 11:59 p.m. ET.
There are 3 possible methods of entry: (a) purchasing a Dr Pepper" drink
through the Krystal Restaurant App; or (b) purchasing a Dr Pepper" drink
through"
www.krystal.com
(c) by emailing
KDPpromos@ampactive.com
with the necessary information
. There is a limit of one (1) entry per person, per day, regardless of
method. For Official Rules, containing full entry details, prize
descriptions/restrictions visit
www.kdppromotions.com/krystal. "
Sponsor:
Krystal Restaurants LLC., 1455 Lincoln Pkwy E, STE
600, Dunwoody, GA 30346
Dr Pepper® is a
registered trademark of Dr Pepper/Seven Up, Inc.