NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS REQUIRED. VOID IN ALASKA, HAWAII, PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Sweepstakes is open to all legal residents of Kentucky, Ohio, Indiana, Georgia, and Florida who are 21 years of age or older and have a valid, public Instagram account at the time of entry (“Participant”). Employees of Joella’s Hot Chicken (“Sponsor”), or their advertising and promotions agencies, and their immediate families (spouse and parents, children and siblings and their spouses) and individuals living in the same households of such employees are ineligible. Eligibility is contingent on agreement to, and compliance with, these Official Rules. Sweepstakes subject to all applicable federal, state, and local laws and regulations. This Sweepstakes is offered in the United States only and shall only be construed and evaluated according to United States law. Do not enter this Sweepstakes if you are not located in the United States. This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Instagram.
Sweepstakes runs from August 19, 2020 at 8:00 a.m. Eastern Time to September 30, 2020 at 11:59 p.m. Eastern Time (“Sweepstakes Period”).
You will need an active Instagram account (“Account”) to participate in the Sweepstakes. If you do not already have an Account, visit www.instagram.com to create a free Account. During the Sweepstakes period, Participants must (i) post a photo of their Heat Variety Pack experience (ii) use the tag #JoellasHeatChallenge in the post, and (iii) tag @JoellasHotChicken in the post. [Each applicable photo with the #JoellasHeatChallenge posted after the first shall count for one (1) additional entry for Participant}. All entries must comply with the terms and conditions of these Official Rules. Incomplete entries or entries not compliant with these Official Rules are not eligible. Entries must be received by September 30, 2020 at 11:59 p.m. Eastern Time. Except as set out in this Paragraph 3, entries are limited to five (5) per person. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
All photographs used as entries in this Sweepstakes must not violate any third-party’s copyright, trademark or other intellectual property rights, or depict any individuals without their permission. Participants represent and warrant that (i) they own or control all rights in and to the photographs posted as a part of each entry or has all required permissions needed to post the photograph required to enter the Sweepstakes, (ii) the entry is their own original creation and was not taken from any other website, posting, or elsewhere, (iii) the entry does not contain any trademarks, logos, brand names, advertising, sponsorship or promotional material owned by any person or entity other than yourself, (iv) their upload of the photo for the entry does not violate any applicable laws or the terms or requirements of Instagram, (v) they have the right to license such photograph for use by the Sponsor and Operator, and Sponsor and/or Operator’s use of the entry will not violate the rights of any person or entity or any law, (vi) Operator and/or Sponsor’s use of your entry as described herein does not and shall not require any payment to any person or entity and does not require license, authorization, approval, or consent by any other person or entity, (vii) their entry complies with these Official Rules, and (viii) Participant has read and agrees to comply with all terms of these Official Rules. Participant acknowledges and agrees that all posts made are made in the public domain and are not confidential, and that the Participant is responsible for any and all content submitted or contributed, and that Participant, not the Sponsor or Operator, will have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Sponsor and Operator are not responsible or liable to any third party for the content or accuracy of any entry posted by Participant.
Participant grants Sponsor and Operator an irrevocable and unlimited right and license to use the tagged photograph in their Sweepstakes entry (and to allow others to use the photograph) without the payment of any royalty. Participant agrees it shall never withdraw this permission and license to use the photograph associated with their Sweepstakes entry. Sponsor, Operator, and/or their affiliates may use your Sweepstakes entry for any business purpose on our websites and social media pages, digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Participant’s Sweepstakes entry and photograph (or any part of the entry) and related content, and include the photograph from the entry into other works, for any business related purposes, including but not limited to promotional and marketing purposes. Participant also grants Sponsor, Operator, and their affiliates the right, at Sponsor and/or Operator’s sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the photograph.
Participant confirms that they have the consent or permission of any other person or entity that is required for Sponsor and/or Operator’s use of your Sweepstakes entry as described in these Official Rules, including but not limited to any person appearing in the photograph, or any person or entity who owns any rights in your photograph or anything appearing in your photograph. Participant irrevocably and unconditionally grants to Sponsor, Operator, and their affiliates all consents or permissions of any person or entity as required by any applicable laws, including all copyright and intellectual property laws in effect now or in the future which may be required for Sponsor and/or Operator’s use of the photograph Participant provided for their sweepstakes entry. Participant irrevocably and unconditionally waives and shall not enforce all rights in the photograph. If requested, Participant shall sign any documentation required to protect, perfect, or enforce any rights granted to Sponsor, Operator or their affiliates under these Official Rules.
Any attempt by any person found to enter or in any way attempt to obtain more than the authorized number of entries will be found to be ineligible, and their entries will be disqualified. Any eligible individual participating in this Sweepstakes shall be a “Participant.” Participation must be by the Participant. In the event of a dispute as to the identity of a Participant, the authorized account holder of the email account associated with the Account used to enter the Sweepstakes will be deemed to be the Participant. Potential winners may be required to show proof of being the authorized email account holder. If the identity of the individual who actually participated in the Sweepstakes cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.
Participants are required to provide truthful information and Sponsor will reject and delete any entry that it discovers to be false or fraudulent. Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements, and may also delete any entry received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act. In addition, Participants must not post as entries in this Sweepstakes any content that:
- contains any material that is unlawful, defamatory, or obscene;
- infringes or misappropriates the intellectual property, privacy, or publicity rights of others;
- is offensive, harassing, or has the purpose or effect of creating an intimidating or hostile environment;
- uses ethnic slurs, personal insults, obscenity, or other offensive language;
- in any way promotes unsafe activities that could lead to an unsafe situation involving Sponsor’s or Operator’s consumers or other individuals.
Sponsor may disqualify any entry by a Participant made in violation of these Official Rules.
On or about August 27, September 3, September 10, September 17, September 24, and October 1, a random drawing from all eligible entries received will be conducted by Sponsor. Winners will be notified via Instagram direct message within 24 hours after the random drawing takes place. Odds of winning will depend on the total number of eligible entries received. Participants need not be present at the drawing to win. All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
Five (5) prize will be given, and each includes:
- One Joella’s T-Shirt
- One $20 Joella’s gift card
Total approximate retail value of the Prize is $40. Prize must be redeemed within twelve (12) months of the drawing. Prize is subject to availability of tshirt design and size in inventory. Sponsor will coordinate with winning Participant the acceptance and shipping of the Prize.
There will be no substitutions if winner is unable for any reason to utilize the Prize.
Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner. No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor. Prize may not be sold to a third party. Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable.
Winner will be notified by Instagram direct message and will be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively, the “Required Documentation”) though a Publicity Release is not required to claim the Prize. The Required Documentation will be mailed or emailed, based on the potential winner’s preference upon account validation. If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within 72 hours; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the Required Documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner will be selected by random drawing from among the eligible entries. In the event that a potential winner is disqualified for any reason, the next eligibly received and randomly drawn entry that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until two (2) attempts have been made to award the prize and each attempt has failed. Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Sweepstakes Period. If unable to verify eligibility, Sponsor will select an alternate potential winner within a reasonable time thereafter. If applicable, winner’s guest must execute a Liability Release.
Payments of all federal, state, and local taxes are solely the responsibility of the winner. Must be 21 or older to participate. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor or Operator.
Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of Sponsor’s website, or otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. In such event, Sponsor reserves the right, but not the obligation, to award any applicable prize(s) from the entries submitted before the cancellation, suspension, or modification of the Sweepstakes. Any attempt to undermine the operation of the Sweepstakes may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor reserves the right to make changes in the Official Rules, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement.
Failure to comply with the Official Rules may result in Participant’s disqualification solely at the discretion of the Sponsor.
The Sponsor is not responsible for typographical or other errors in the administration of the Sweepstakes or in the announcement of a prize.
In the event a prize is mailed to a winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. Sponsor and Operator are not responsible for the safe arrival of a prize. Sponsor and Operator are not responsible if potential winner does not receive his/her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Sweepstakes. Only the prize(s) set forth in these Official Rules will be awarded. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.
SPONSOR, OPERATOR, INSTAGRAM, THEIR SUBSIDIARIES AND AFFILIATED ENTITIES SHALL NOT BE RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY SWEEPSTAKES-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION.
NEITHER SPONSOR, OPERATOR, NOR INSTAGRAM SHALL BE RESPONSIBLE FOR LOST, STOLEN, MANGLED, MISDELIVERED, POSTAGE DUE, ILLEGIBLE, INCOMPLETE OR LATE ENTRIES, TELEPHONE SERVICE OUTAGES, DELAYS, BUSY SIGNALS, EQUIPMENT MALFUNCTIONS AND ANY OTHER TECHNOLOGICAL DIFFICULTIES THAT MAY PREVENT AN INDIVIDUAL FROM ENTERING OR CLAIMING A PRIZE.
THIS SWEEPSTAKES OFFER IS BEING MADE EXCLUSIVELY BY THE SPONSOR AND OPERATOR. SPONSOR, OPERATOR, INSTAGRAM, AND THEIR SUBSIDIARIES AND AFFILIATED ENTITIES ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURE OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, OPERATOR, INSTAGRAM, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES, OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT A PARTICIPANT’S ABILITY TO PARTICIPATE IN THIS SWEEPSTAKES. NEITHER SPONSOR, OPERATOR, INSTAGRAM, OR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES ARE RESPONSIBLE FOR ANY DAMAGES OR INJURY INCURRED BY WINNER AND GUESTS AS A RESULT OF WINNING.
BY ENTERING, PARTICIPANTS AGREE TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY SPONSOR, OPERATOR, INSTAGRAM, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY AND ALL OTHER COMPANIES ASSOCIATED WITH THIS SWEEPSTAKES (COLLECTIVELY, THE “RELEASED PARTIES”) AGAINST ANY AND ALL LIABILITY, DAMAGES, OR CAUSES OR ACTION (HOWEVER NAMED OR DESCRIBED), RELATED TO OR ARISING OUT OF (I) THE SWEEPSTAKES, (II) PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, AND (III) THE RECEIPT OR USE OR MISUSE OF THE PRIZE(S) AWARDED HEREIN. POSSIBLE CLAIMS OR CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES.
If for any reason a Participant’s entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry in the Sweepstakes, subject to availability and provided that the Sweepstakes has not then expired.
Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Kentucky, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Kentucky. 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 such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Sweepstakes materials or these Official Rules. Sponsor or Operator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN JEFFERSON COUNTY, KENTUCKY.
Official Rules and Winner’s List may be obtained by mailing a self-addressed stamped envelope and request to: Chief Marketing Officer Joella’s Hot Chicken, 2000 High Wickham Place, Suite 300, Louisville, Kentucky 40245.
Chief Marketing Officer Joella’s Hot Chicken, 2000 HIGH WICKHAM PLACE, SUITE 300, LOUISVILLE, KY 40245.