Terms, Conditions and Rules (the “Official Rules”) for “Free El Fenix for A Year” Sweepstakes (the “Promotion”)
1. This Promotion is governed by the laws of the Texas, and all claims must be resolved in the federal or state courts located in Dallas, Dallas County, Texas. You are not authorized to participate in the Promotion if you are not located within the United States.
2. Eligibility. Entrant must be a legal resident of the United States and at least 18 years of age at the time of entry to the sweepstakes. Employees of El Fenix Cop. (“Sponsor”), its parents, subsidiaries, affiliates, advertising and promotion agencies and their family/household members (defined as parents, spouse, children, and siblings) are not eligible to enter. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED. All federal, state, and/or local rules and regulations apply. Sponsor’s interpretations of these Official Rules are final and binding in all matters relating to the Promotion.
3. How to Enter. Complete the Complimentary Cup of Queso information card and submit to the server or cashier at any El Fenix restaurant located in Texas. No purchase is necessary to enter. Limit one entry per person. Entry is restricted to one El Fenix restaurantlocate in Texas chosen by entrant. More than one entry from any person (whether at 1 or more than 1 location) will void all entries from that person. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for any failure to receive entries due to transmission errors or technical failures of any kind, including but not limited to malfunction of any network, hardware, or software, whether originating with entrant or Sponsor. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. How to Win; Odds of Winning. There will be 1 winner for each El Fenix restaurant location in Texas. Winners will be selected in a random drawing from all eligible entries received at the restaurant location during the duration of the Promotion by Sponsor, whose decisions are final and binding in all matters relating to the Promotion. Odds of winning depend on the number of eligible entries received. Potential winner will be notified by phone or email on or about October 11,2021. A purchase will not improve the change of winning. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all these requirements.
5. Prize. The following prize will be awarded to the winning entrant: A “punch card” providing for 1 free entrée at any El Fenix restaurant in Texas for 12 consecutive months. Total approximate retail value of Prize: $180.00. Sponsor makes no warranties about the prize. Prize is not transferable. No substitution of prizes is allowed by winner, but Sponsor reserves the right to substitute a prize of equal or greater value. Prize is not redeemable by winner for cash value. All taxes, fees and surcharges on prize are the sole responsibility of winner.
6. If the winner cannot be contacted within five (5) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects the prize or in the event of noncompliance with these Official Rules, the prize will be forfeited, and an alternate winner will be selected from the remaining eligible entries,or no prize will be awarded. If a prize is forfeited, no compensation will be given.
7. Conditions. By participating, entrants and winner agree to release and hold harmless Sponsor, and its parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion‐related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if the Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters (including pandemic related matters), weather, or acts of terrorism.
8. Miscellaneous. All entries become the sole property of Sponsor, and none will be acknowledged or returned under any circumstances.
9. If for any reason the Promotion is not capable of proceeding as planned, including due to pandemic related matters, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error, or any other causes that affect the security, continuity or proper conduct of the Promotion, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion.
10. Sponsor is not responsible for any error, interruption, deletion, defect, delay in operation or transmission; communications failure; loss, theft or destruction of entries; unauthorized access to or alteration of entries; any technical malfunction or problem with any telephone network or lines, computer or online systems, computer equipment or software; failure of any e‐mail or entry to be received by Sponsor (including due to technical problems or traffic congestion on the Internet or at any website); or any injury or damage to entrant’s or any person’s computer related to or resulting from participation or downloading any materials in the Promotion.
11. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that the entrant is attempting or likely to undermine the legitimate operation of the Promotion, including by cheating, hacking, deception, use of automated quick entry programs or other unfair playing practices, or intends or is likely to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives.
12. Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may violate criminal or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from that person to the fullest extent permitted by law, in addition to any other legal and/or equitable remedies that are or may be available.
14. Sponsor. The Sponsor of this Promotion is El Fenix Corp., 1845 Woodall Rodgers Frwy., Ste. 11000, Dallas, Texas 75201, ATTN: Marketing Department.M