Day at the Speedway

KING TACO RESTAURANT, INC.

DAY AT THE SPEEDWAY SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF CALIFORNIA

WHO ARE 18 OR OLDER

VOID WHERE PROHIBITED OR RESTRICTED BY LAW

1. GENERAL. This King Taco Day at the Speedway Sweepstakes (the “Sweepstakes”) is sponsored by King Taco Restaurant, Inc. (“King Taco”). The Sweepstakes begins at 3:00 p.m. Pacific Time on September 1, 2021, and ends at 3:00 p.m. Pacific Time on September 15, 2021 (the “Sweepstakes Period”). By entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of King Taco respecting the Sweepstakes, which are final and binding on all matters related to the Sweepstakes. 
2. ELIGIBILITY. To be eligible to enter, you must be a legal resident of California; be at least 18 years old; and have Internet access and an Instagram and/or Twitter account, all as of September 1, 2021. Any person who is an employee, contractor, officer, director, agent or other representative of King Taco, or of any of its affiliates or agencies, and all members of such person’s immediate family and persons living in the same household with such person, are not eligible to participate in this Sweepstakes. The Sweepstakes is void outside of California and where prohibited by law, and is subject to all applicable federal, state and local laws and regulations. 
3. HOW TO ENTER. 

VIA INSTAGRAM. To enter this Sweepstakes via Instagram, visit our Instagram post for the Sweepstakes and post a comment during the Sweepstakes Period. (If you’d like, you may tag one or more other Instagram users in your comment, but that is not required to enter the Sweepstakes.) ONE (1) ENTRY PER COMMENT. 

VIA TWITTER. To enter this Sweepstakes via Twitter, retweet our tweet for this Sweepstakes from our Twitter handle @kingtacofan during the Sweepstakes Period. ONE (1) ENTRY PER RETWEET. LIMIT: ONE RETWEET PER PERSON.  

4. ADDITIONAL TERMS REGARDING COMMENTS/POSTS/TWEETS. Any person posting a comment or associated note or tweet or other content in connection with their entry that King Taco considers, in its sole discretion, to be inappropriate (including any false, misleading, infringing, defamatory, abusive, threatening, obscene, or other inappropriate message or other content) may be disqualified from the Sweepstakes. Any comment, post, or tweet that you make on Instagram or Twitter in connection with entering this Sweepstakes must not: (i) use or reference any racecar driver or team name, any other athlete or celebrity, or any trademark, logo, mascot or slogan; (ii) contain any material that is created by a third party (other than material in the public domain) or that may be subject to intellectual property protection (such as but not limited to trademarks, logos, lyrics, or fictional characters); (iii) be sexually explicit or suggestive, unnecessarily violent or derogatory; (iv) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or promote any particular political agenda or message; (v) contain any false, misleading, infringing, defamatory, abusive, threatening, obscene, or otherwise inappropriate content per the sole judgment of King Taco; (vi) endorse any form of hate or hate group; (vii) have been published in any other medium/forum; (viii) infringe upon any third party’s rights, including but not limited to, copyright or trademark rights; or (ix) violate any law, rule or regulation. In addition, any photo or other content that you post in connection with entering this Sweepstakes must be your original work and you must have full ownership rights. Any post violating any of these prohibitions will be subject to disqualification. Further, King Taco may disqualify any post which we deem, in our sole discretion, to be inappropriate (excluding any review or assessment of King Taco). Please note that you will not be eligible to win a prize in this Sweepstakes if your post is removed from Instagram, or your tweet is removed from Twitter, for any reason during the Sweepstakes Period.
5. PRIZES. Two (2) prizes will be awarded: one (1) prize for each winner. (As described in Section 6 below, there will be one winner from all eligible entries via Instagram and a second winner from all eligible entries via Twitter). Each prize will consist of the following items for the winner and guest, all to take place at the Auto Club Speedway in Fontana, California (the “Speedway”) on October 25, 2021:

A photo op at the Speedway with racecar drivers Antonio Giovinazzi and Colton Herta, with a special King Taco photo backdrop;
A “ride and drive” go kart experience at the Speedway with racecar driver Antonio Giovinazzi and Colton Herta;
A pace car ride around the Speedway track (two (2) laps);
Lunch (provided by King Taco) at the Speedway’s hospitality area; and
King Taco merchandise.

Transportation to/from the Speedway and lodging accommodations are NOT included. Total approximate retail value (ARV) of each prize: US$405. Any difference between any stated value and actual value will not be awarded. Each winner’s guest must be at least 18 years old as of October 25, 2021. Please note that to be eligible to receive a prize in this Sweepstakes, the winner and his/her guest will be required both (i) to show proof of vaccination against COVID-19 or proof of a negative COVID-19 test within 72 hours prior to entry at the Speedway track, and (ii) to wear masks indoors, and in the cars and go karts, on the day of the event, as well as to comply at the Speedway with any more restrictive COVID-19 related requirements then in effect of the Auto Club, the City of Fontana, the San Bernardino County, and/or the State of California. Additional prize award details will be provided to each winner at the time of notification. Lost, stolen or damaged tickets will not be replaced or exchanged. All other expenses not specifically mentioned herein are solely the responsibility of the winner and guest. LIMIT: ONE (1) PRIZE PER ENTRANT.

6. SELECTION AND NOTIFICATION OF WINNERS. One (1) winner will be selected in a random drawing to be conducted on or about September 15, 2021, by or on behalf of King Taco, from among all eligible entries received via Instagram during the Sweepstakes Period, and one (1) winner will be selected in a random drawing to be conducted on or about September 15, 2021, by or on behalf of King Taco, from among all eligible entries received via Twitter during the Sweepstakes Period. Each winner will be notified via their Instagram or Twitter account (as applicable), and will be required to provide his or her mailing address. If King Taco cannot locate a particular winner within five (5) days following the date of King Taco’s first attempted notification, or such winner rejects the applicable prize (or fails to complete the Release (defined in Section 8 below) within the allotted time period), the prize will be forfeited and awarded to an alternate winner selected in a random drawing conducted by or on behalf of King Taco from among all remaining eligible entries received via Instagram or Twitter (as applicable) during the Sweepstakes Period. King Taco will conduct alternative drawings in accordance with the foregoing, as needed, until the particular prize is accepted. All prizes will be awarded, but in the event any prize is unable to be awarded to a winner, a prize of equal or greater value will be provided to a charity of King Taco’s election.
7. ODDS OF WINNING. The odds of winning one of the prizes will depend on the number of eligible entries received via Instagram or Twitter (as applicable) during the Sweepstakes Period.
8. OTHER TERMS REGARDING PRIZES. All costs associated with delivering the prizes to the winners are the responsibility of King Taco. Any other expenses, including all federal, state and local taxes (if any) associated with a prize, will be the sole responsibility of the winner. If requested by King Taco, each winner must sign and return an Affidavit of Eligibility, and Liability and Publicity Release (“Release”) to King Taco. No prize or component of such prize is substitutable except by King Taco in its sole discretion with one of equal or greater value. Prizes are non-assignable and non-transferable, and may not be redeemed for cash. Lost or stolen prizes will not be replaced; the winner will bear all risk of loss or damage to his or her prize after the prize has been delivered to the winner. KING TACO MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRIZE AWARDED IN THIS SWEEPSTAKES.  
9. PUBLICITY RELEASE. By accepting a prize, each winner grants King Taco the right to use the winner’s name, voice, signature, photo and likeness for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. 
10. OTHER TERMS. King Taco’s decision is final in all matters pertaining to this Sweepstakes, including matters occurring because of unintended printer, mechanical, human or other errors. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU RELEASE KING TACO FROM ALL COSTS, CLAIMS, DAMAGES OR INJURY, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, TO PERSON(S) OR PROPERTY (INCLUDING DEATH) DUE IN ANY MANNER TO PARTICIPATION IN THIS SWEEPSTAKES OR USE OF ANY PRIZE. King Taco reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process or who posts any content that King Taco considers to be inappropriate. Entrants may not enter the Sweepstakes with multiple Instagram accounts or multiple Twitter accounts, nor may entrants use any device or artifice to register multiple times or as multiple registrants. 
11. LIMITATIONS OF LIABILITY. By entering the Sweepstakes, each entrant agrees that: (a) King Taco and its affiliates and agencies, as well as the respective officers, directors, employees and agents of each of the foregoing, shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto); (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, incidental, consequential or any other indirect damages, other than for actual out-of-pocket expenses; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. King Taco shall not be responsible for any typographical, clerical or other errors in any Sweepstakes-related materials. Liability for any prize containing printing or other errors is limited to replacement with another prize. King Taco is not required to distribute more prizes than as stated in these Official Rules. If the Sweepstakes is compromised by circumstances that otherwise interfere with or corrupt the intended operation, security or fairness of the Sweepstakes, King Taco reserves the right, in its sole discretion to discontinue, suspend or terminate the Sweepstakes and to proceed to distribute the prizes in a manner that it determines, in its sole discretion, to be fair and reasonable. 
12. GOVERNING LAW. Any dispute arising from this Sweepstakes or these Official Rules, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or King Taco in connection with this Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California without giving effect or regard to any principles or doctrines of conflicts of law. 
13. DISPUTES. Except where prohibited by law, any action arising out of or relating to this Sweepstakes or these Official Rules shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, by a single arbitrator, all in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com. The arbitration shall be held at a location in the state in which you live. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only King Taco’s or your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to this Sweepstakes or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court.
14. NO SPONSORSHIP. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, any of the following: the Auto Club Speedway, Instagram (or Facebook), or Twitter. By entering this Sweepstakes, each entrant hereby agrees to a complete release of Instagram (and Facebook) or Twitter (as applicable) from any and all liability in connection with this Sweepstakes.
15. THIRD-PARTY TERMS. You acknowledge that your engagement with Instagram or Twitter in connection with entering this Sweepstakes shall be subject to all terms and conditions of Instagram or Twitter (as applicable), and that King Taco is not responsible for the practices of such platform. We encourage you to read the posted terms of service and privacy policy of Instagram and Twitter.
16. DISCLOSURE OF WINNERS. For the names of the winners of this Sweepstakes, send a self-addressed stamped envelope before October 25, 2022, to: King Taco Day at the Speedway Sweepstakes Winners List, 6055 E. Washington Boulevard, Suite 700, City of Commerce, CA 90040.
17. SPONSOR: King Taco Restaurant, Inc., 6055 E. Washington Boulevard, Suite 700, City of Commerce, CA 90040.