Contest Rules

TERRIBLE’S GAME DAY GIVEAWAY SWEEPSTAKES 2021 | Official Sweepstakes Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

OVERVIEW: Terrible’s Game Day Giveaway (the “Game”) begins at participating Terrible’s locations in Nevada and Utah (the “Territory”) beginning on September 13, 2021 and ending on January 13, 2022 (the “Game Period”). For the purpose of the Game, a game day (the, “Game Day”) is defined as beginning at 12:00AM local time and ending at 11:59PM local time (the “Promotional Time Period”) at each participating Terrible’s location on Las Vegas Raiders game days. Void where prohibited. By participating in the Game, each entrant (the “Participant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions Terrible Herbst Inc. (the “Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY: Persons in any of the following categories are NOT eligible to participate or win prizes in the Game: any person who on or after September 13, 2021, was or is: (a) a Terrible’s employee; a Raiders Football Club, LLC employee (b) a director, officer, employee, agent, or independent contractor of Sponsor, subsidiaries, affiliates or service agencies; or any entities retained by Sponsor for the administration of the Game; (c) an individual engaged in the development, production or distribution of Game materials or the prize supply for the Game; and (d) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories. Void outside the Territory and where prohibited. Must be 13 and older to participate.

HOW TO PARTICIPATE: To play the Game, a Participant must complete the following in the manner(s) described below: 

  1. VISIT A PARTICIPATING TERRIBLE’S CHEVRON LOCATION: Participants must obtain a Game Day Giveaway Scratch Card (the “Game Piece”) by visiting a participating Terrible’s Chevron location during the Game Period. Game Day Scratch cards are available on Game Days throughout the Promotional Time Period.
    • SCAN THE QR CODE: Using an Android or Apple device, open the Camera app and point it steadily for 2-3 seconds towards the QR code located on the back to scan. When scanning is enabled, a notification will appear with a link to click. The link will prompt the Participant to download the Terrible’s Social House App (the “App”).
    • SUBMIT THE SECRET CODE: While logged in to the App, visit the Game on the Promotions tab and complete the Game registration by entering the required information including but not limited to, Participants’ full name, email address, phone number, and the unique Scratch Code (“Code”) found on the Game Piece.
      • The Scratch Code is a 10-digit, unique alphanumeric code found on the back of the Game Piece. As described in these Official Rules, it is necessary for a Participant to have a Code to claim a prize. Only one unique Code can be used per entry.
  2. FREE METHOD OF ENTRY (alternate method of entry “AMOE”): A Participant can request a Scratch Card without making a purchase by mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage and a return address, including first and last name, street address, city, state, and ZIP code to: 2021 Game Day Giveaway Las Vegas Raiders Game Scratch Card Request, 5195 Las Vegas Blvd South, Las Vegas, NV 89119. DO NOT SEND ANY WINNING GAME STAMPS, COMMENTS OR QUESTIONS TO THIS ADDRESS. One (1) Scratch Card will be mailed in response to each mail-in request that complies with the requirements of these Official Rules, while supplies last. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left-hand corner that matches the requestor’s street address, and must be postmarked no sooner than September 13, 2021, and no later than January 13, 2022, and received by Sponsor no later than January 1, 2022. Each request must be mailed in a separate stamped outer mailing envelope. Requests that are sent in business reply envelopes, that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with these Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes.

ODDS: Odds of winning are based upon the total number of eligible participants that visit a participating Terrible’s Chevron location during the Promotional Time Period each Game Day of the Game Period, and enter their unique Game Piece Scratch Code in-App. Each Code can only be used once during the Game Period. It is planned that approximately 397,000 total Game Pieces will be distributed during the Game Period. Note: The approximate numbers of Prizes available to be won in the Game, and the Odds of winning Prizes, which are set out in these Official Rules, are stated as of the outset of the Game. The numbers of Prizes available to be won will diminish as the Game progresses, and the Odds of winning Prizes will change as Prizes are claimed.

PRIZE: Total ARV of all Prizes available to be won: $17,000.00.

WINNER NOTIFICATION: The potential winners will be notified by email. Each potential Prize (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit an Affidavit of Eligibility and Release of Liability/Publicity (the “Declaration of Compliance”) within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted or fails to submit the Declaration of Compliance within the required time period, or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 13 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 1-10 weeks after confirmation of winnings.

TRANSFER: The transfer of status as an unofficial winner by an ineligible person to an eligible person is strictly prohibited.

TAXES: ALL FEDERAL, STATE, LOCAL, AND ANY OTHER TAXES ASSOCIATED WITH THE RECEIPT OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Approximate Retail Value (“ARV”) of Prize: $1,000.00 USD total. Sponsor is not responsible for and winner will not receive any difference between the actual value and ARV of a prize. Failure to pick-up or use prize does not relieve winner of his/her tax obligations associated with acceptance of a prize.  Sweepstakes’ winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year.

GENERAL CONDITIONS: By participating in the Game, each Participant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor, and the independent games administrator, as applicable. All such decisions shall be final, binding and non-appealable. Prizes are non-assignable and non-transferable. No Prize substitutions or cash redemptions of any Prize or any portion thereof. Sponsor reserves the right in its sole discretion to substitute any prize or portion thereof of equal or greater value if any Prize or portion thereof is unavailable for any reason. Details of Prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of Sponsor. Participant grants Sponsor the irrevocable, unrestricted worldwide right to use, publish, display, broadcast and distribute materials bearing Participant's name, voice, image, likeness and/or any other identifiable representation of Participant, including, but not limited to, statements attributable to Participant ("Participant's Likeness"), Participant agrees that all materials containing Participant's Likeness shall be and remain the sole and exclusive property of Sponsor, and Participant hereby assigns any and all rights in or to such material to Sponsor and releases and forever discharges Sponsor and the Released Parties from any and all claims, liabilities and damages relating to the use of Participant's Likeness. Participant hereby waives any and all rights to inspect or approve Sponsor's use of the Submission or Participant's Likeness, or any part or element thereof. Prize winner shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. By participating in the Game, each Participant agrees that the Sponsor, its parent company, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (the "Game Entities") shall not be responsible or liable for: (a) miscommunications, printing errors, clerical, typographical or other error in any Game materials or printed copy or artwork, or any prize offering announcement; (b) any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention; or (c) any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in the Game or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media. This Game is subject to all applicable federal, state and local laws and regulations. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.

RELEASE: By entering, participants agree to release, discharge, and hold harmless and covenant not to sue Sponsor and Raiders Football Club, LLC, LV Stadium Events Company, LLC, The Oakland Raiders, a California limited partnership, Raiders Foundation, The Raider Image, LLC (together with Raiders Football Club, LLC, LV Stadium Events Company, LLC, The Oakland Raiders, a California limited partnership, Raiders Foundation, the Las Vegas Stadium Authority and each of their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees, representatives and agents (collectively, the “Raiders Entities”, together with Sponsor, the “Released Parties”), from all claims , debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, "Claims"), known and unknown, including, but not limited to, all those arising out of or in any way related to the Game; these Official Rules (including the legality of these Official Rules or any portion hereof); Participant’s entry and/or eligibility in the Game; the negligence of any Released Party; any prize (including without limitation the receipt, non-receipt, acceptance, rejection, possession, misuse or use of any prize and any travel related to any prize); any participation in the Game; and any presence at any Game-related or prize-related venue. Participant represents and warrants that he or she owns and/or has the authority to release the Claims stated herein expressly waives Section 1542 of the California Civil Code, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Subject to applicable Federal, state, and local laws and regulations.

The Released Parties are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Game; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Game and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an participant’s privacy or spam filter settings that may divert any winner notification or other Game related e-mail to a spam or junk folder.

Without limiting anything in the foregoing and solely for purposes of clarity, each Participant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Game; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, losses, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Game, including, but not limited to, any Game-related activity or element thereof, and the Participant’s entries, participation or inability to participate in the Game; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), including, but not limited to, personal injury, death, or damage to or loss of property; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Participant.

PRIZE CONDITIONS: Any and all costs, fees, and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded.

MISCELLANEOUS:

  • Disqualification: It is the Participant's responsibility to ensure compliance in all respects with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry processes or the operation of the Game; acts in violation of these Official Rules; or acts with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
  • Force Majeure: Sponsor reserves the right, without prior notice and at any time, to terminate the Game, in whole or in part, or modify or suspend the Game, or any portion thereof, in any way, if it determines, in its sole discretion, that the Game is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Game. In the event Sponsor is prevented from continuing with the Game as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Game. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances.
  • Invalidity: These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Game materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
  • Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant or Sponsor in connection with the Game, shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
  • Arbitration Disclosure: By participating in this Game, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against any of the Game Entities arising out of, relating to, or connected in any way with the Game, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Game; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.

 

OFFICIAL RULES: These Official Rules will be posted online at terribles.com/gamedaygiveaway. To receive a copy of the Official Rules, mail a self-addressed stamped envelope to Terrible’s Game Day Giveaway — Official Rules Request, 5195 Las Vegas Blvd South, Las Vegas, NV 89119. All requests must be postmarked by January 1, 2022, and received by January 15, 2022. Limit one (1) request per outer envelope.

SPONSOR: Terrible Herbst Inc., located at 5195 Las Vegas Blvd South, Las Vegas, NV 89119.

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