- GENERAL. This “Off to the Races” Contest (the “Contest”) is sponsored by King Taco Restaurant, Inc. (“King Taco”). The Contest begins at 12:00 a.m. Pacific Time on August 3, 2021, and ends at 11:59 p.m. Pacific Time on August 30, 2021 (the “Contest Period”). By entering this Contest, you agree to be bound by these Official Rules and the decisions of King Taco respecting the Contest, which are final and binding on all matters related to the Contest.
- ELIGIBILITY. To be eligible to enter, you must be a legal resident of California; be at least 18 years old; and have Internet access, all as of August 3, 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 Contest. The Contest is void outside of California and where prohibited by law, and is subject to all applicable federal, state and local laws and regulations.
- HOW TO ENTER; CONTEST PROMPT. To enter the Contest, write a short adventure story (up to 1,200 words) that begins with you walking into a King Taco restaurant and leads you to a fictional or unnamed race track (the “Contest Prompt”), and submit your short story to King Taco during the Contest Period at www.kingtaco.com/offtotherace. LIMIT ONE (1) ENTRY PER PERSON. You must have a valid email address in order to enter the Contest. To qualify, your entry must be received during the Contest Period. Any entrant who does not provide the required information upon entry may be disqualified. All entries become the property of King Taco and will not be returned. Any person submitting a story 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 Contest.
- ADDITIONAL TERMS REGARDING SUBMITTED STORIES. The story that you submit to enter the Contest 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, promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or promote any particular political agenda or message; (iv) contain any false, misleading, infringing, defamatory, abusive, threatening, obscene, or otherwise inappropriate content per the sole judgment of King Taco; (v) endorse any form of hate or hate group; (vi) have been submitted in any other contest or competition; (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, the story that you submit to enter the Contest must be your original work and you must have full ownership rights to the story. By submitting a story to enter this Contest, you hereby grant King Taco a non-exclusive, royalty-free, irrevocable and perpetual license to use, reproduce, modify, publish, create derivative works from, and display such story, and to incorporate the story into other works, in any form, media or technology now known or later developed, including for any promotional or marketing purpose. If requested, you will execute any documentation requested by King Taco or any of its designees in support of this license. If you use your name in your story, you hereby grant King Taco the right to use your name in connection with such story for any lawful commercial purpose, without additional compensation.
- GRAND PRIZE. One (1) winner (determined in accordance with Section 6 below) will be awarded the Grand Prize: a trip for two (2) to Austin, Texas to attend the Formula 1 Aramco United States Grand Prix 2021 race in Austin on October 21-24, 2021, and to meet Antonio Giovinazzi for one meal. Specifically, the Grand Prize is comprised of the following: (i) two (2) tickets for round-trip coach air transportation from any major airport in California (subject to King Taco’s approval) to Austin–Bergstrom International Airport; (ii) double-occupancy standard hotel accommodations for four (4) nights (shuttle transportation from/to airport and hotel included); (iii) two (2) tickets (one for the winner and one for his/her guest) to the Formula 1 Aramco United States Grand Prix 2021 race scheduled for Friday, October 22, 2021 – Sunday, October 24, 2021 (transportation from/to the hotel and the race included); and (iv) one meal with Antonio Giovinazzi for the winner and his/her guest on a date to be determined by King Taco. Total approximate retail value (ARV) of the Grand Prize: US $3,000. Any difference between any stated value and actual value will not be awarded. The winner and guest must travel on the same flight itinerary, stay in the same hotel room, and comply with all security requirements. The winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. The winner’s guest must be at least 14 years old or older as of the commencement of the trip. If the winner’s guest is under 18 years old, the winner must be the guest’s parent or legal guardian. Selection of airports, airline, hotel and travel dates are subject to King Taco’s sole discretion and are subject to change. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All travel and accommodations are subject to availability, changes and restrictions. Certain restrictions and blackout dates may apply. King Taco shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All other expenses not specifically mentioned herein are solely the responsibility of the winner and guest.
- JUDGING CRITERIA AND SELECTION OF THE WINNER. A panel of judges employed (or engaged) by King Taco will judge all eligible entries received to determine the winner based on the following criteria and respective weights:
|Creativity (especially with respect to use of King Taco products and menu items)||50%||Offers little to no originality in ideas, language, and plot. Contains many clichés.||Original and vivid description. Incorporates captivating elements and creative ideas.|
|Relevancy||25%||Little or no attempt to relate the story to the Contest Prompt (defined in the first sentence of Section 3 above). Off genre.||Properly addresses the Contest Prompt (defined in the first sentence of Section 3 above), and the story follows the specified genre.|
|Organization||25%||Story is hard to follow. Scenes seem to be randomly arranged and transitions are not clear. Contains several grammar and/or spelling errors, affecting the overall plot.||Well organized and structured. Has a beginning, middle, and end. Ideas/scenes follow one another with clear transitions. Grammar and spelling are consistent.|
The decision of the panel of judges will be final and not open to dispute of any kind. The winner will be selected by the panel of judges on or about September 20, 2021, from among all eligible entries received by King Taco during the Contest Period. The winner will be notified via the email address provided upon entry. The winner must respond within five (5) days of such notification with the following information: full name, mailing address, date of birth, phone number, and full name and age of guest. If King Taco cannot locate the winner, or if the winner does not respond or provide the foregoing information, within such 5-day period, or the winner rejects the prize or fails to complete the Release (defined below in this Section 6) within the time period specified by King Taco, the prize will be forfeited and awarded to an alternate winner (the person with the next highest ranked entry according to the panel of judges) from among all remaining eligible entries received during the Contest Period. King Taco will continue to identify alternative winners in accordance with the foregoing, as needed, until the prize is accepted; provided that in the event the Grand 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. King Taco’s determination of ineligibility or noncompliance with these Official Rules will result in disqualification of the entry. If requested by King Taco, the winner must sign and return an Affidavit of Eligibility, and Liability and Publicity Release (“Release”) to King Taco within the time period specified by King Taco.
- ODDS OF WINNING. The odds of winning the Grand Prize will depend on the number of eligible entries received during the Contest Period.
- OTHER TERMS REGARDING THE GRAND PRIZE. All costs associated with delivering the Grand Prize to the winner are the responsibility of King Taco. Any other expenses, including all federal, state and local taxes (if any), associated with receiving the Grand Prize will be the sole responsibility of the winner. The Grand Prize (and any component thereof) is not substitutable except by King Taco in its sole discretion with one of equal or greater value. The Grand Prize (and any component thereof) is 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 the Grand Prize (or any component thereof) after it 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 CONTEST.
- PUBLICITY RELEASE. By participating in this Contest, you grant King Taco the right to use your name, in connection with the story that you submit to enter the Contest, 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.
- OTHER TERMS. King Taco’s decision is final in all matters pertaining to this Contest, including matters occurring because of unintended printer, mechanical, human or other errors. BY PARTICIPATING IN THIS CONTEST, 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 CONTEST 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 submits any content that King Taco considers to be inappropriate. Entrants may not use any device or artifice to enter this Contest multiple times or as multiple entrants.
- LIMITATIONS OF LIABILITY. By entering the Contest, 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 Contest or any Contest-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 Contest-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 Contest is compromised by circumstances that otherwise interfere with or corrupt the intended operation, security or fairness of the Contest, King Taco reserves the right, in its sole discretion to discontinue, suspend or terminate the Contest and to proceed to distribute the prizes in a manner that it determines, in its sole discretion, to be fair and reasonable.
- GOVERNING LAW. Any dispute arising from this Contest and/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 Contest, 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.
- DISPUTES. Except where prohibited by law, any action arising out of or relating to this Contest and/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 CONTEST, OR ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, 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 Contest 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.
- NO SPONSORSHIP. This Contest is in no way sponsored, endorsed or administered by, or associated with, any of the following: Alfa Romeo, Formula One, or Circuit of the Americas.
- DISCLOSURE OF WINNER. For the name of the winner of this Contest, send a self-addressed stamped envelope to: King Taco “Off to the Races” Contest Winner Disclosure, 6055 E. Washington Boulevard, Suite 700, City of Commerce, CA 90040.
- CONTEST SPONSOR: King Taco Restaurant, Inc., 6055 E. Washington Boulevard, Suite 700, City of Commerce, CA 90040.
© 2021 King Taco Restaurant, Inc.