NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITE INSTAGRAM®. These Official Sweepstakes Rules may be viewed online at: thaiexpressfood.com/nationaldosomethingniceday.
- Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older at the beginning of the Sweepstakes Period (as defined in Section 3), and if entering through Instagram, who have access to the Internet and have or open an account on Instagram.com. Participants who wish to sign up for a free Instagram account, visit https://www.instagram.com/. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
Employees of, members of the immediate family of, or those domiciled with an employee (whether related or not) of Sponsor (as defined in Section 10), or its parent, affiliates, subsidiaries, and Thai Express™ licensees, franchisees and their employees are ineligible to participate or win.
An eligible individual, who enters the Sweepstakes, is hereafter referred to as an "Entrant" or "you". Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and may be required to verify that they meet eligibility requirements as outlined herein.
In addition to compliance with these Official Sweepstakes Rules, an Entrant must also comply with the terms of service of Instagram (terms available here: https://www.facebook.com/legal/terms). Instagram is not a participant or sponsor, nor does it endorse, administer, or promote this Sweepstakes. You are providing your information to Sponsor and not to Instagram. If you participate via your mobile phone, such activity will be subject to any charges pursuant to your wireless service provider's rate plan. Please consult your wireless service provider for more information.
- How to Enter the Sweepstakes. How to Enter the Sweepstakes. During the Sweepstakes Period, follow the official Thai Express US Instagram page (@eatthaiexpress), and like and comment in the comments section of Thai Express’s post promoting this Sweepstakes on Instagram ("Entry"). You may comment more than one time; however, doing so will not increase your odds of winning. You may also enter as described in the Alternative Means of Entry section below.
Entries that are incomplete, defamatory, disparaging, hateful, offensive, illegible, false, deceptive, garbled, or portraying or advocating alcohol, illegal drugs, tobacco, firearms or weapons; or Entries that include any activities that may appear unsafe or dangerous, or that advocate any political agenda are not eligible, with such eligibility to be determined by Sponsor in its sole discretion.
Alternative Means of Entry: To receive one (1) entry without following, liking, or commenting on Thai Express’s Instagram post, on a 3" x 5" piece of paper, hand-print your name, complete address, daytime and evening telephone numbers (area code included), and date of birth, and mail entry in a properly stamped #10 envelope to: Kahala Management, LLC – Thai Express National Do Something Nice Day Sweepstakes, 9311 E. Via de Ventura, Scottsdale, AZ 85258. Entries must be received by October 15, 2021 to be eligible.
Limit: One (1) Entry per Entrant throughout the Sweepstakes Period. Entrants may only receive one (1) Entry into the Sweepstakes, regardless of whether they enter by following, liking, and commenting on Instagram or by mail, or both. Entrants are not permitted to use another person's identity. Any Entrant, who uses multiple names or otherwise attempts to enter multiple times in violation of these Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. If it is discovered by Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any Entrant has attempted, or has used any other identities or system(s) or program(s) to participate in or disrupt the Sweepstakes, then such Entrant shall be disqualified from the Sweepstakes in the sole and absolute discretion of Sponsor. Failure to comply with these Official Sweepstakes Rules and the decisions made by Sponsor may result in an Entrant being disqualified from the Sweepstakes.
- Sweepstakes Period. The Sweepstakes begins on Tuesday, October 5, 2021 at 12:01 A.M. Scottsdale, Arizona time and ends Friday, October 15, 2021 at 11:59 PM Scottsdale, Arizona time (“Sweepstakes Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes Period.
- Prize, Approximate Retail Value ("ARV") and Odds. All details and other restrictions of the prizes not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion.
Prize. Two (2) Entrants (each a “Prize Winner” and collectively “Prize Winners”) chosen at random, will each be awarded one (1) prize packet (each a “Prize” and collectively “Prizes”), as follows:
- One (1) Entrant will be awarded:
- One (1) Thai Express hat (ARV $7.00)
- One (1) Gift Card for Thai Express valued at Twenty-Five and 00/100 USD ($25.00)
- One (1) Entrant will be awarded:
- One (1) Thai Express visor (ARV $6.37)
- One (1) Gift Card for Thai Express valued at Twenty-Five and 00/100 USD ($25.00)
Total ARV: The total ARV of one (1) Prize is Thirty-One and 37/100 USD ($31.37) if the Prize includes the visor or Thirty-Two and 00/100 USD ($32.00) if the Prize includes the hat. The total ARV of both Prizes is Sixty-Three and 37/100 USD ($63.37). Any difference between the approximate retail value and the actual retail value will not be awarded or refunded.
Odds: The odds of winning a Prize will vary depending on the number of valid, correct Entries received during the Sweepstakes Period.
No substitution, assignment, exchange of cash, currency, credit, or transfer of the Prize by a Prize Winner is allowed. Sponsor reserves the right to substitute a Prize for one of equal or greater value. Prize Winners are solely responsible for any local, state, federal and other taxes and charges in connection with the receipt and/or use of the Prize. Any additional expenses incident to the receipt and/or use of the Prize is sole responsibility of each Prize Winner. Should a potential Prize Winner decline or fail to claim a Prize, or be unreachable, Sponsor reserves the right to either select an alternate winner until the Prize is claimed or forfeit the Prize with no replacement winner being selected.
- Winner Selection. On or about Monday, October 18, 2021 (“Winner Selection Date”) Prize Winners will be selected in a random drawing from among all eligible entries received during the entire Sweepstakes Period. There will be a total of two (2) Prize Winners selected. Each Prize Winner must claim his/her Prize as set forth in Section 6 below. The first Prize Winner to respond to Sponsor’s Notification and execute and return the affidavit of eligibility/release of liability as set forth in Section 6 shall have his/her choice of Prize (as between the Thai Express hat or visor). Sponsor’s decisions in all matters relating to the Sweepstakes are final.
- Notification and Claiming Prize. Sponsor will notify the Prize Winners by sending a direct message (“DM”) to the Prize Winners at each of their Instagram accounts (“Notification”), or by telephone call on or about Monday, October 18, 2021. To claim his/her Prize, each Prize Winner will be directed to contact the Sponsor with additional information, including his or her mailing address, in order to claim the Prize. Prizes will be delivered to Prize Winners by mail. Prize Winners may be required to execute the Sponsor’s affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor.
If a Prize Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim the Prize within the required timeframe of Sponsor's Notification (each Prize Winner will have seven (7) days from the time of Sponsor's Notification to claim his/her Prize), or does not timely comply with all of Sponsor’s instructions to claim a Prize, Sponsor has the option to either select an alternate winner until the Prize(s) are claimed or forfeit the Prize(s) with no replacement winner being chosen.
- General Conditions. By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and the decisions of the Sponsor and/or the independent Sweepstakes organization (as may be applicable), which are final. If for any reason the Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, malware, spyware, hacking, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, 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 and select the Winner from the Entries received prior to the action taken, or by other means deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if Sponsor: (a) learns or suspects that Entrant has misappropriated another’s identity, or infringed upon the rights of any person or entity; (b) finds that Entrant has tampered, is tampering or plans to tamper with the entry process or the operation of the Sweepstakes; or (c) believes that Entrant has violated these Official Sweepstakes Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision.
By entering the Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s entry, name, image, likeness, voice, photograph, Instagram®, statements, biographical information, content and Prize status, in whole or in part, for promotional, advertising and/or publicity purposes in any media, now known or later developed and available, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the Entrant, to the extent permitted by law. Sponsor is not responsible for any typographical or other error in the printing, the offering, or the announcement of a Prize or in the administration of the Sweepstakes.
Entrant consents to being contacted by Sponsor for Sweepstakes-related purposes, which include, but are not limited to, Prize eligibility notifications and Prize claim notifications. Entrant also pledges, agrees and consents that he/she shall not employ the use of spamming software or some other electronic means to enter or influence the Sweepstakes or its results. All such participants and entrants shall be disqualified from winning a Prize. No two Entrants may share an Instagram® account.
- Release and Limitations of Liability. Except where prohibited, by participating in the Sweepstakes, each Entrant agrees to release, indemnify, defend and hold harmless Sponsor, and its related companies, promotional partners (if applicable), Thai Express™ licensees/franchisees, Instagram®, and their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, employees and agents (collectively, “Released Parties”) from and against any claim, cause of action, loss, fine, award, judgment, demand, lawsuit, obligation, interest, tax, penalty or other damage, including, without limitation, attorneys’ fees, expert fees and costs, arising out of or in connection with Entrant’s participation in the Sweepstakes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) errors in the administration of the Sweepstakes; or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes and/or receipt and/or use of a Prize.
- Disputes. decisions of Sponsor, which shall be binding and final; (b) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Maricopa County, Arizona; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, excluding Entrant’s attorneys' fees, expert fees and costs; and (d) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules and the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by and enforced in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona. These Official Sweepstakes Rules shall be binding upon and inure to the benefit of Sponsor’s and each Entrant’s respective successors, assigns, estates, executors and heirs.
- Sponsor. Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
©2021 Kahala Management, L.L.C. All rights reserved.