NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL OR STATE LAWS AND REGULATIONS. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TIKTOK, TWITTER, FACEBOOK, OR INSTAGRAM.
- Sweepstakes. This Dr. Dane’s Kitchen -”How to Say Nước Chấm” Sweepstakes (“Sweepstakes”) begins on Friday, December 3rd, 2021 and shall end at 9:00 am CT on December 17, 2021 (“Sweepstakes Period”). From all eligible entries received in connection with the Sweepstakes, exactly six (6) winners (“Prize Winner”) will be determined, as set forth in section 6 below. Participation in the Sweepstakes is described, regulated, and clarified by, and wholly subject to, the provisions of these official rules (the “Official Rules”).
- Sponsor. The Sweepstakes will be sponsored by Dr. Dane’s Kitchen, LLC and will be administered by each participating Dr. Dane’s Kitchen store location (each, a “Store Location”).
- Eligibility. The Sweepstakes is open only to (a) individuals legally residing in United States or the District of Columbia (excluding Alaska, Hawaii, Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (“Eligibility Area”); and (b) who are eighteen (18) years of age or older or the age of majority in their states of residence if the age of majority is greater than 18) as of July 19, 2021. Directors, officers and employees of Sponsor and its affiliates, subsidiaries, franchisees, advertising and promotional agencies, and all other entities or individuals associated with the development, administration, or fulfillment of this Sweepstakes, if any (collectively, the “Sweepstakes Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households, are ineligible to participate, enter, win or collect prizes in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Sweepstakes or win a prize (“Entrant”). The Sweepstakes is VOID outside of the Eligibility Area and where otherwise prohibited or restricted.
- How to Enter. All Sweepstakes entries must be (i) received during the Sweepstakes Period, and (ii) in compliance with these Official Rules to be eligible to win any prize. To enter the Sweepstakes, Entrants must follow @drdaneskitchen on Facebook, TikTok, Twitter, or Instagram (depending on the platform used by the Store Location to administer the Sweepstakes) and submit one (1) reply via video, photo, or the public platform comments to any applicable “How To Say Nước Chấm” post published by the Sponsor via its Facebook, Twitter, TikTok, or Instagram account (the “Entry). All Entries become the property of Sponsor and will in no event be acknowledged or returned to any person. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents will void all Entries made by, or associated with, the applicable Entrant. Entrant’s participation in the Sweepstakes constitutes and is deemed such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor and any third-party judges, which are final and binding in all respects. This Sweepstakes is not sponsored, endorsed or administered by TikTok, Facebook or Instagram. All information submitted by Entrants in connection with this Sweepstakes is being submitted to Sponsor, not TikTok, Facebook or Instagram. To the extent of any conflict between these Official Rules and Facebook or Instagram terms, guidelines or policies, these Official Rules will apply.
- Prizes. The Prize Winners will be selected from the eligible Entries in such Entrant’s comment and each Prize Winner will receive one (1) Authentic Vietnamese Triple Dipper and one (1) Vegan Authentic Vietnamese Triple Dipper (the “Prize”), as determined by Sponsor. Approximate Retail Value (“ARV”) of the Prize is $60.00.
- Prize Drawing. Prize Winners will be selected by random drawing weekly through The Sweepstakes end on December 17th, 2021.
- How to Claim Prize. Sponsor, or its designated representative, will attempt to notify the potential Prize Winner of his/her winning status via direct message via the platform used for entry. Before any Prize is awarded, the potential Prize Winner may be required to complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, a Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within three (3) days after notification. If the Affidavit and Release are not signed and returned prior to the time deadline indicated in the documents, or if a potential Prize Winner does not meet eligibility criteria set forth in these Official Rules or is otherwise unwilling or unable to comply with these Official Rules or cannot be contacted within three (3) days of the drawing date, an alternate winner will be selected by Sponsor by random drawing from among the remaining eligible Entries. Upon receipt and verification of the Affidavit and Release and compliance with the Official Rules, Winner will be contacted with further details as to how Prize Winner may redeem the Prize. Please allow 2 to 3 weeks for delivery of any prize. No more than the advertised number of Prizes will be awarded.
- Odds of Winning. The odds of winning a Prize depend on the total number of eligible Entries received.
- General Conditions. Neither Sponsor nor any of the other Released Entities (defined below) are responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete Entries, or for any incorrect or inaccurate information, whether caused by Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Sweepstakes, and neither Sponsor nor any of the Released Entities assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. If for any reason the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, actions by Entrants, fraud, or any other causes which, Sponsor in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. Notification of any such cancellation, termination, modification or suspension shall be posted at https://www.drdaneskitchen.com/pages/how-to-say-nuoc-cham-sweepstakes (the “Website”). If the Sweepstakes or any portion of the Sweepstakes is terminated before the end of the Sweepstakes Period, Sponsor will select Prize Winners in a random drawing from among the eligible Entries received as of the termination date of the Sweepstakes. In the event that a Prize cannot be awarded for any reason, or a Prize Winner is not capable of redeeming, or otherwise fails to redeem, a Prize for any reason, Sponsor reserves the right, in its sole discretion, to substitute any Prize (or portion of a Prize) with a Prize of comparable or greater value or award a Prize to a substitute winner from among all remaining eligible Entries, as necessary. If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the available Prizes by random drawing from among the applicable claimants. An individual is not a Prize Winner until he or she has fully complied with these Official Rules. No transfer, assignment, cash redemption or substitution of a Prize is permitted without written consent of Sponsor. No portion of the Prize has any cash value, and no portion of the Prize may be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated or exchanged for cash, merchandise or services, in whole or part, without the advance written consent of Sponsor.
- General Release and Hold Harmless. By entering this Sweepstakes and/or accepting a Prize, each Entrant and Prize Winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges each of the Sweepstakes Entities, Instagram, Facebook and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Released Entities”) from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) (i) associated with the Entrant’s participation in this Sweepstakes, redemption of any Prize in connection with this Sweepstakes, attendance at any events related to this Sweepstakes, and/or use or misuse of any Prize, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) related to the production, promotion, or execution of this Sweepstakes (or participation therein), or claims based on publicity rights, defamation, or invasion of privacy; and (iii) that may occur in connection with acceptance and/or use of the Prize or while participating in or traveling to any Prize-related activity; except to the extent that such Loss is finally determined to be caused by the gross negligence or willful misconduct of any of the Released Entities.
- Limitation of Liability. Except where prohibited, Sweepstakes Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of a Prize Winner, shall be resolved individually, without resort to any form of class action, and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees. IN NO EVENT WILL ANY OF THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- No Waiver. The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
- Miscellaneous. By participating in the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions or interpretations of Sponsor regarding the Official Rules, which are final and binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Sweepstakes. By participating in the Sweepstakes, each Entrant waives any right to claim ambiguity in these Official Rules. In the event of a dispute as to the identity of an Entrant or Prize Winner, the individual who was, at the time of entry, as determined by Sponsor, the documented registered holder of the email account used in connection with entry for the Sweepstakes will be deemed the eligible Entrant or Prize Winner, as applicable. It is the sole responsibility of the Entrant to notify Sponsor during the Sweepstakes Period if his/her email address or any other contact information changes.
- Publicity. Except where and as may be prohibited by law, acceptance of a Prize constitutes the Prize Winner’s express permission for Sponsor and its designees to use the Prize Winner’s name, photograph, image, likeness, voice, opinions, hometown, state of residence, statement and any other identifying characteristics, including, but not limited to the taking of photographs and/or videos, in any manner and in any medium, not known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity, without further notice, review, approval or authorization by Prize Winner and without payment or consideration to Prize Winner.
- Venue and Choice of Law. By participating, all applicable Entrants agree that: (a) the laws of the State of Texas, and (b) any dispute with respect to such Sweepstakes will be resolved exclusively in either the federal or state courts located in Dallas County, Texas.
- Disclosure of Winners. The name of each Prize Winner will be published via the Store Location’s social media page used to administer the Sweepstakes.
Dr. Dane’s Kitchen: 8900 Forest Ln, Dallas TX, 75243