Sweepstakes Rules

JOHNNY ROCKETS FIRST DAY OF SUMMER SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  BY ENTERING THIS SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.  THESE OFFICIAL RULES REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.  READ THEM CAREFULLY AND DO NOT PARTICIPATE IF YOU DO NOT AGREE.

1. SWEEPSTAKES PERIOD: The “Johnny Rockets First Day of Summer Sweepstakes” begins on June 21, 2024, at 9:00:00 a.m. Pacific Time (“PT”) and ends on June 25, 2024, at 9:00:00 p.m. PT (“Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
2. HOW TO ENTER: Eligible individuals may enter the Sweepstakes in the following ways (each, a “submission”): like the official Johnny Rockets First Day of Summer Social Giveaway post, comment on the designated Johnny Rockets First Day of Summer Social Giveaway post by tagging a valid username of an Instagram profile, and follow the official Johnny Rockets Instagram profile (https://www.instagram.com/johnnyrockets/). Entrants may share the official Johnny Rockets First Day of Summer Social Giveaway post to their stories and tag the official Johnny Rockets Instagram profile as an extra entry. Eligible accounts are allowed to submit more than one entry on the designated Johnny Rockets First Day of Summer Social Giveaway post.   

Individuals entering the sweepstakes (“Entrants”) are not required to register, pay any entrance fees, or make any expenditure in order to participate in the Sweepstakes or win a prize. No correspondence regarding Submissions will be acknowledged or entered into with Entrants. Sponsor is not responsible for late, lost, incomplete, illegible, stolen, damaged or misdirected Submissions (all of which are void). 

All entrants must have a valid Instagram account. The name of the person submitting the entry into the Sweepstakes must be the authorized account holder of the Instagram account used to enter, otherwise, entry may be deemed void. In the event of a dispute over the identity of an entrant, entry will be declared by the authorized account holder of the Instagram account used during the entry process. A potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such Instagram account.

Each entry must be manually keystroked and/or manually entered by the individual entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from any such scripts, macros, bots or sweepstakes services or related Instagram accounts or IP addresses may be blocked. 

3. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in one of the fifty (50) United States or the District of Columbia, but excluding Rhode Island, Florida and New York, who are eighteen (18) years of age or older or the age of majority in their state at the time of entry. The following persons are not eligible to participate or win: Employees, contractors, directors and officers of Johnny Rockets Licensing LLC. (“Sponsor”), and each of its respective parent, subsidiary and affiliated companies, participating locations, distributors, and agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (“Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
4. RANDOM DRAWING: The potential winner will be selected in a random drawing on or about June 26, 2024, from among all eligible entries received by the Sweepstakes administrator, whose decisions are final. Odds of winning depend on the number of eligible entries received. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. Limit one (1) prize per household.
5. PRIZE DETAILS: One (1) Grand Prize will be awarded. Grand Prize consists of one (1) Johnny Rockets x Pepsi Pool Floatie. Approximate retail value (ARV) of Grand Prize: $70.
6. WINNER NOTIFICATION AND VERIFICATION: The potential winner will be notified by Direct Message through Instagram at the Instagram handle provided upon entry (“Notification”). The Notification will provide information regarding how to claim a prize. Prize must be claimed within seventy-two (72) hours or prize may be forfeited and awarded to an alternate winner. If (a) a prize notification or prize is returned as undeliverable; (b) a potential winner does not properly claim their prize (as instructed within the Notification); (c) a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner. Upon forfeiture of a prize, for any reason as stated within these Official Rules, no compensation will be given. 
7. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of California without respect to conflict of law doctrines. Void where prohibited. Potential winner may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. No substitution of prize is offered, no transfer of prize to a third party is permitted and a non-cash prize may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize becomes unavailable. Unclaimed prize will not be awarded. As a condition of participating in the Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants’ actual out-of-pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Winner will be solely responsible for paying all applicable federal, state and local taxes on prize, if any. Any portion of a prize not accepted or used by winner for any reason will be forfeited. Any difference between stated value and actual value will not be awarded.
8. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or the Website; or to be acting in any manner deemed to be in violation of the Official Rules; or to be acting in any manner deemed to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS ’FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information submitted by entrant, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service or the Website, or combination thereof; (e) suspended or discontinued Internet or wireless service; (f) any injury or damage to entrants or to any other person’s computer, mobile or desktop device or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes; (g) any suspended or discontinued Internet or wireless service or a change in a potential winner’s Instagram account which may result in a potential winner not receiving a Notification; or (h) any undelivered or unanswered Direct Messages, including without limitation, Direct Messages that are not received because of a potential winner’s privacy or spam filter settings which may divert any Sweepstakes Notifications. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes, including but not limited to Acts of God, pandemics, epidemics, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control, which may corrupt or affect he administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor reserves the right to award any remaining prize in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment, and Sponsor shall not have any further liability to any entrant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any entrant (and all their entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if the entrant tampers with the entry process or if their fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct errors in promotional materials. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.  
10. RELEASE OF LIABILITY: All entrants, as a condition of participation, agree to release the Sponsor, Promotion Parties, and each of their respective officers, directors, employees, agents, licensors and assigns from and against any and all liability, claims or actions of any kind whatsoever for injuries, illnesses, damages or losses to persons and property, including bodily injury and death, which may be sustained in connection with accessing the Instagram post, submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Winner shall bear all risk of loss or damage to their prize and/or prize documentation after it has been delivered. Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize packaging. Except where prohibited by law, winner grants to Sponsor and its designees the right to print, publish, broadcast and use their name, voice, statement, picture or other likeness, for public relations, advertising and promotional purposes as may be determined by Sponsor, in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law.

By entering, you consent to Sponsor obtaining your name, email address, and other information to third parties for the purposes of administering the Sweepstakes and complying with applicable laws, rules, and regulations, and you consent to Sponsor’s use of your personal information in accordance with the privacy policy located at https://www.johnnyrockets.com/privacy-policy/. Any communication between entrant and Sponsor or its agencies regarding this Sweepstakes (e.g., phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winner’s name may be included in a publicly-available winners’ list.

11. WINNERS’ LIST: For the name of the winner and a copy of these Terms & Conditions, send a self-addressed, stamped envelope by December 31, 2024 to: Johnny Rockets First Day of Summer Sweepstakes Winners’ List, 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212.
12. SPONSOR: Johnny Rockets Licensing LLC, 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212.