NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR OPTING-IN TO MAILING LIST WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. BY ENTERING THE SWEEPS, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, AND IN ALL STATES NOT LISTED.
ELIGIBILITY: The ALON / DK 2019 FALL Sweepstakes (“Sweepstakes”) is offered in and open only to legal residents of the following U.S. States: Texas, Arizona, Arkansas, Oklahoma, New Mexico, Louisiana, North Carolina, and South Carolina, who are at least eighteen (18) years old at the time of entry and meet all of the entry criteria. Officers, directors, and employees of Sponsor, Administrator, and their respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes (collectively “Sweepstakes Entities”), and members of their immediate family (spouses and parents, grandparents, children and siblings and their spouses/partners, including foster and step relations regardless of where they live), IRS dependents, and household members, whether legally related or not, are not eligible to enter or win. Groups, clubs, organizations, commercial entities and businesses are not eligible to enter or win.
By entering, such eligible persons (“Entrants”) grant their unconditional agreement to be bound to these “Official Rules” and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.
SWEEPSTAKES PERIOD: The Sweepstakes begins on or about October 23, 2019 at approx. 10:00 am Central Time (“CT”) and ends on November 27, 2019 at 11:59 pm CT (“Sweepstakes Period”). The Administrator’s server is the official time-keeping device for the Sweepstakes. All time referenced herein is Central Time. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
TO ENTER: During the Sweepstakes Period, participants may enter by:
Social Media. Before entering via Facebook your privacy settings must be set to public and cannot be set to “off” or “private”. To enter, find the Sweepstakes post and image on Alon Brands Facebook timeline, and post a comment to enter(“social media entry”).
Mail-In. Legibly hand-write your complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, date of birth (MM/DD/YYYY), and keyword FALL, on a 3½”x5” card (“Mail-In entry”) and mail it in an envelope with proper U.S. postage affixed to: ALON / DK 2019 FALL Sweepstakes, Alon USA, LP 12700 Park Central Dr. #1500, Dallas, TX 75251 (“mail-in entry”). No copies. One entry per person, and one entry per envelope.
Mail-in entries must be postmarked on or before November 27, 2019; and received by Sponsor by December 4, 2019.
A social media entry and a mail-in entry each constitute one (1) “entry”. Limit one (1) entry per person, regardless of entry method used. Each entry, regardless of the entry method, will have an equal chance of winning.
REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible entries, or any element thereof, will disqualify an entry. Proof that you uploaded an entry does not constitute proof or evidence that it was received within the Sweepstakes Period or eligible for the Sweepstakes, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any entries and/or Entrants in whole or in part for any reason within its sole and absolute discretion. Without limitation, entries will be disqualified if Sponsor considers for any reason an entry, or any element thereof, not to be in the spirit of the Sweepstakes, ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Sweepstakes, any of Sponsor’s brands, products or services.
By submitting an entry, Entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their entry submitted and all content therein: (i) is the original creation of the Entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote cruelty, illegal, dangerous, harmful, or unsafe activities, nor contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) any individuals mentioned, featured in, or who have worked on the entry, in whole or in part, in any manner have given Entrant their express written consent to submission to this Sweepstakes and the use contemplated. If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
GENERAL ENTRY CONDITIONS: By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Sweepstakes.
Sponsor has the right to verify entries and/or Entrants’ eligibility and compliance with these Official Rules, and on the basis of its investigation, to disqualify any Entrant at any time during or after the Sweepstakes Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited 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 of the Sweepstakes Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Entrant or winner. Entries submitted via any other entry method/portal than stated herein will not be accepted.
Multiple Entrants are not permitted to share the same social media account, IP or email address. Entrants may not enter through a sweepstakes club or entry exchange site (or similar method whether paid or gratuitous), bots, robotic, repetitive, automatic, programmed or similar entry methods or agents, with multiple or false identities, e-mail, accounts, devices, 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 devices, e-mail and/or addresses, under multiple or false identities, or engaging in or benefitting, directly or indirectly, from any such artifice, or artifice of any other kind will be disqualified.
Sweepstakes Entities assume no responsibility for, without limitation: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, postage due, ineligible or illegible entries (in whole or in part); computer/server, mobile device, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser 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, texts, or other information, or failure to capture any such information.
PRIZE DRAWINGS & ODDS OF WINNING: A random drawing will be held by Administrator on or about December 5, 2019 from all eligible entries received. Odds of winning the prizes depend on the total number of eligible entries received during the Sweepstakes Period (including mail-in period if applicable). The potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules.
AWARDING OF PRIZE: The potential prize winner(s) are subject to verification by Sponsor or Administrator. An Entrant is not a winner of any prize until Entrant’s eligibility as the Sweepstakes winner has been verified, Entrant has been notified that verification is complete, and Entrant has complied with these Official Rules. The potential Prize Winners will be notified by direct message— at the same account through which the social media entry was submitted, telephone call or text message―at the same telephone number included by Entrant in of the mail-in entry (e.g. an online Sweepstakes entry form). One (1) direct message/telephone call/text message attempt will be made after the Sweepstakes Period to reach the potential Prize Winner. If the potential Prize Winner does not respond to Administrator within twenty-four (24) hours of notification they will forfeit the prize, and Administrator will randomly select a second potential Prize Winner for the respective prize/prize level. At the sole discretion of the Sponsor or Administrator, forfeiture of the prize and the selection of an alternate Prize Winner may result from, by way of example only, any of the following: a) the potential Prize Winner’s failure to respond to notification within the specified response period; b) the potential Prize Winner’s failure to provide Administrator with satisfactory proof of age, identity, residence, or completion of required Affidavit or other documentation; c) potential winner is unable, declines or refuses to accept the prize in its entirety pursuant to the terms of these Official Rules and/or Affidavit; d) any other non-compliance with these Official Rules and/or Affidavit.
TAXES: The Prize Winner(s) will be solely responsible for all federal, state and/or local taxes, reporting requirements, and for any other fees or costs associated with the prize(s) received.
PRIZES/Approximate Retail Value (“ARV”): The following prizes are available to be awarded, assuming sufficient eligible entries are received:
PRIZES: A total of three (3) prizes will be awarded, and will consist of:
Grand Prize: $250.00 in Alon or DK gasoline, an Actual Retail Value (ARV) of $250.00
First Prize: $150.00 in Alon or DK gasoline, ARV of $150.00
Second Prize: Harry & David Seasonal Gift Basket, ARV of $90.00
Total ARV of all prizes awarded: $490.00. Any difference between the stated ARV and the actual value of the prize will not be awarded in any form.
PRIZE RESTRICTIONS: Limit one (1) Prize per person. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable for any reason. Winner(s) of free gasoline, depending upon location, may receive a myAlon giftcard or YouCash coupons, which must be used in accordance with the terms and conditions of issuer at Participating stores. The prizes are nontransferable and not redeemable for cash. Any portion of the Prize not timely used in full by the Prize Winner will be forfeited. Only the prizes as described are available to be awarded; in no event will Sweepstakes Entities be responsible for awarding more prizes than stated herein. Trademarks or registered trademarks associated with any prizes belong to the respective prize manufacturers/owners or event organizers as applicable, which are not sponsors of nor otherwise affiliated with this Sweepstakes. Prizes, and any elements thereof, including any products, gift cards, pre-paid credit cards, vouchers and/or tickets received as a prize: are personal to the winner; may not be transferred, assigned, sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution; if lost, misplaced, destroyed, or stolen will not be replaced by Sponsor; and are subject to their respective terms and conditions and may include restrictions to which Winner agrees to abide and be bound. Any prize pictured or mentioned in advertising or Sweepstakes materials (including the Sponsor’s social media page or website) is for illustrative purposes only and may not be the actual prize awarded.
In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Sweepstakes Period, or a potential winner fails to respond within the time specified, or cannot be reached within the time specified using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate potential winner may be selected at random for the applicable prize/level. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. After two (2) unsuccessful attempts to verify an alternate winner for the prize, the prize will remain un-awarded. Prizes or prize notifications that are lost, late, stolen, unclaimed, returned, undeliverable, not timely responded to, or otherwise un- awarded will be forfeited and will NOT be re-awarded. There will not be a second chance drawing.
ALL 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).
PUBLICITY: Subject to applicable law, entry and/or acceptance of a Prize constitutes the Entrants’ and Prize Winners’ consent to Sponsor’s use of Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state for advertising and promotional purposes in any and all media now known or hereinafter devised, worldwide, without compensation or right of review.
GENERAL CONDITIONS: Sponsor or Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor or Administrator in their sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. In the event the Prize Winners engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the prize or other applicable experience early without further obligation or liability to Sponsor.
RELEASE & INDEMNIFICATION: By entering, participants agree to the fullest extent permitted by law to release, discharge, INDEMNIFY, DEFEND and hold harmless, Sponsor, Administrator, Social Media Platforms, Dallas Cowboys Football Club, Ltd. (“Dallas Cowboys”), Pro Silver Star, Ltd., Dallas Cowboys Merchandising Ltd., Cowboys Stadium, L.P., AT&T Services, Inc. (with regard to prize fulfillment at AT&T Stadium), Legends Hospitality, LLC, the City of Arlington, and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participation or attempting to participate in the Sweepstakes or from acceptance, possession, misuse, use, award of or participation in the Prize.
ACCESS TO THE WEBSITES, AND/OR OTHER PARTICIPATION IN THIS SWEEPSTAKES. By entering and/or accepting a prize, Entrants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release.
LIMITATIONS OF LIABILITY: THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY WEBSITE OR MOBILE DEVICE USERS, TAMPERING, HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION (INCLUDING TEXT MESSAGE TRANSMISSION), COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR INJURY OR DAMAGE TO ENTRANT’S OR TO ANY OTHER PERSON’S MOBILE DEVICE RELATED TO OR RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES. IF, FOR ANY REASON, THE SWEEPSTAKES OR ANY ELEMENT THEREOF IS NOT CAPABLE OF RUNNING AS PLANNED BY REASON OF INFECTION BY COMPUTER VIRUS, WORMS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH SPONSOR OR ADMINISTRATOR, IN THE SOLE OPINION OF SPONSOR OR ADMINISTRATOR, DEEMS COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS SWEEPSTAKES, OR ANY ELEMENT THEREOF, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT IN THEIR SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS SWEEPSTAKES OR ANY ELEMENT THEREOF, AND SELECT THE WINNER FROM ENTRIES RECEIVED PRIOR TO THE ACTION TAKEN OR IN SUCH OTHER MANNER AS SPONSOR OR ADMINISTRATOR MAY DEEM APPROPRIATE. IN THE EVENT OF A DISPUTE, THE TOTAL LIABILITY OF THE SPONSOR WITH RESPECT TO THIS SWEEPSTAKES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE IS ONE-HUNDRED DOLLARS. FURTHER, IN THE EVENT OF A DISPUTE, IN NO EVENT WILL SPONSOR OR ADMINISTRATOR BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SPECIAL OR EXEMPLARY DAMAGES, WHETHER THE CAUSE OF ACTION IS IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND PARTICIPANT/ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE ANY DAMAGES MULTIPLIED OR INCREASED.
FORCE MAJEURE: Sweepstakes Entities shall not be liable to Entrants, winners or any other person or entity for failure to execute the Sweepstakes or element thereof, or supply a prize or any part thereof, 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 act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of event, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/CHOICE OF LAW/FORUM: Except where prohibited, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Texas federal or state courts located in Dallas County, Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstakes, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas.
WINNERS LIST: The Winner List of prizes may be requested only after the Sweepstakes Period and no later than December 27, 2019. To receive the Winner List, send an email with your request to firstname.lastname@example.org with the following subject line: “ALON / DK 2019 FALL Sweepstakes Request.”
SPONSOR: Alon USA, LP (“Sponsor”), Alon USA, LP 12700 Park Central Dr #1500, Dallas, TX 75251.
ADMINISTRATOR: Pocketstop, LLC (“Administrator”), 5646 Milton Street, Suite 100LL, Dallas, Texas 75206.