TAJÍN® FAN PACK DESIGN CONTEST

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside of the United States. Subject to all federal, state, and local laws, regulations, and ordinances.

1. ELIGIBILITY: Open only to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are at least 18 years old (19+ in Alabama and Nebraska; 21+ in Mississippi) as of the date of entry (“Entrant” or “Entrants”). TAJÍN International Corporation its affiliates, subsidiaries, representatives, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors (collectively the “Contest Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner.

2. CONTEST TIMING: The Contest Submission Period begins at 12:00 p.m. Eastern Daylight Time (EDT) on 06/06/2022 and ends at 11:59 p.m. ETD on 06/19/2022. The Contest is separated into four (4) phases as defined below. Sponsor’s computer is the official clock for this Contest. 

Design Submissions (“submissions”) must be received by 11:59 p.m. ETD on 06/19/2022 to qualify for the Contest. Submissions will be accepted for the duration of the Contest Period. Entries that are submitted before and after the Contest Period will be disqualified. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTRAGRAM, INC.

3. THE CONTEST: The Contest invites eligible participants to submit a design for the cover of Tajin’s Signature Fan Pack (“Entry”). Entries will be judged; see Rule #6 for Judging Criteria.

4. PRIZE DETAILS: One Grand Prize will be awarded consisting of $5,000.00 cash, and $5,000.00 in cash to be awarded to a school or charity organization of the winner’s choice. Tajin International reserves the right to approve the winner’s charity. Preferred charities are those related to Schools & Education, Hospitals & Medical Charities, Animal Welfare, Food Banks, and Environmental Causes.  Total Value of Grand Prize is $10,000.00.

5. PHASE 1 – SUBMISSION PERIOD: (1) Visit https://www.tajin.com/us (the “Website”), during the Submission Period, and look for the Contest mention. Follow instructions on how to upload and submit your design for the cover of Tajin’s Signature Fan Pack. Entry for the Contest requires: Name, mailing address, email address, and daytime phone number of participant. Upon completion of the above, your submission will automatically be entered with one (1) entry into the Contest. (2) Follow @TajinUSA on Instagram.

NO LIMIT ENTRIES PER PERSON. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the Entrant. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s plays and/or entries, and that Entrant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, nonworking, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Potential winner is subject to verification before any prize will be awarded.

INSTAGRAM ENTRY CRITERIA AND TERMS:

You must have a valid Instagram account and agree to their Terms of Use and Privacy Policy in order to be eligible to enter. Registration on Instagram must be completed before an entry may be submitted. Instagram membership is free. The Instagram platforms will be the official time clock for the Contest.

Your Instagram retweet or comment must not 1) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 2) disparage TAJÍN or any other person or party affiliated with the Contest; 3) contain brand names or trademarks other than TAJÍN, which entrant has a limited license to use to incorporate in his/her entry in this Contest; 4) contain material that is inappropriate, indecent, obscene, or otherwise offensive (as determined by Sponsor in its sole discretion), hateful, tortious, defamatory, slanderous or libelous; 5) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and 6) contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where entry is created. Failure to comply with these Entry Criteria and Terms, as determined by Sponsor in its sole discretion, is grounds for automatic disqualification from the Contest.

6. PHASE 2 – JUDGING PERIOD: At the conclusion of the Submission Period, Entries will be judged by a panel of judges comprised of personnel from the Sponsor and/or Sponsor’s agency (“judges”) based on the following criteria (“Judging Criteria”): Creativity, Originality, and Theme as it relates to the Tajin brand. The entrants who submitted the top five (5) Entries receiving the highest cumulative scores as awarded by the judges will be open for voting on Instagram and the website. In the event of a tie, a new judge will evaluate all tied entries based on the Judging Criteria set forth above to break the ties.

7. PHASE 3 – VOTING PERIOD: The Sponsor will showcase the top five (5) design finalists on both Instagram and the website so that fans can vote on what the winning design will be.  

8. PHASE 4 – WINNER ANNOUNCEMENT & NOTIFICATION: The winner will be announced on Instagram and the website on 7/15. The potential winner will be notified by email during this same timeframe. Except where legally prohibited, winner must sign (or have their parent/legal guardian sign if potential winner is a minor in their respective place of residency) and return, within five (5) days (including Saturdays, Sundays and Holidays) of attempted notification/delivery, an Affidavit of Eligibility, Liability & Publicity Release to claim his/her prize. If potential winner does not respond to Sponsor’s email within forty-eight (48) hours of Sponsor sending a message, or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release or other required document within the required time period (if applicable), or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected in a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any remaining prize will remain un-awarded. Prize will be fulfilled approximately 2-3 weeks after the conclusion of the Contest.

9.VERIFICATION OF POTENTIAL WINNER: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

10. PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses not expressly specified herein are the sole responsibility of the respective prize winner. Prize cannot be substituted, assigned, or transferred; however, Sponsor reserves the right to make equivalent prize substitutions. Sponsor will not replace lost or stolen prize. Prize cannot be used in conjunction with any other promotion or offer. Only one prize is available to be awarded in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner will be selected in accordance with the winner selection method described above from among all eligible claimants making valid claims to award the advertised number of prizes available. Odds of winning the prize depend on the number of eligible entries received during the Contest Period.

11. GENERAL CONDITIONS: Entry constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Contest and modify the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize in accordance with the winner selection criteria from among the eligible, non-suspect entries received up to the time of the impairment.

12. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES TO RELEASE SPONSOR AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “RELEASED PARTIES”) FROM, AND HOLD HARMLESS AGAINST, ANY AND ALL LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

13. PUBLICITY RELEASE; INTELLECTUAL PROPERTY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR, AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

BY SUBMITTING AN ENTRY, PARTICIPANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT PARTICIPANT MAY SUBMIT TO SPONSOR OR POST IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY. AVAILABLE AT HTTPS://WWW.TAJIN.COM/US/PRIVACY-POLICY, SHALL BE DEEMED TO BE NONCONFIDENTIAL. NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO PARTICIPANT OR ANY THIRD-PARTY. PARTICIPANT HEREBY GRANTS TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE IN PERPETUITY THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS, PARTICIPANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. PARTICIPANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO PARTICIPANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. PARTICIPANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE PARTICIPANT’S SUBMISSIONS, PARTICIPANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, PARTICIPANT AGREES TO INDEMNIFY THE CONTEST ENTITIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS. SUBMISSIONS WILL NOT BE RETURNED TO PARTICIPANTS.

14. DISPUTES: This Contest is governed by the laws of the United States. Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Texas or the appropriate Texas State Court located in Harris County, Texas; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest not to exceed fifty US Dollars ($50.00 USD), but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the Entrant of the laws of any jurisdiction other than the State of Texas.

15. PRIVACY: Any personal information sent to, shared with or collected by Sponsor in connection with this Contest is subject to Sponsor’s Privacy Policy found at https://www.tajin.com/us/privacy-policy/ and you understand that you are providing such information to Sponsor and that Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use Entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.

16. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.   Tajin International reserves the right and their ability to edit, resize or otherwise redesign to conform with Tajin’s branding guidelines.  Finally, each Entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

17. WINNER: For the name of the winner, available after 07/15/2022 visit TAJÍN’s Instagram channel at https://www.instagram.com/tajinusa/

18.  SPONSOR: The TAJÍN® Tajin Fan Pack Design Contest” is sponsored by TAJÍN International Corporation located at 3934 Cypress Creek Pkwy, Houston, TX 77068.