Sweepstakes Rules

FATBURGER X 125th ANNIVERSARY OF PEPSI® 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 “Fatburger x 125th Anniversary of PEPSI® Sweepstakes” begins on December 5, 2023, at 8:00:00 a.m. Pacific Time (“PT”) and ends on December 10, 2023, at 11:59:59 p.m. PT (“Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
2. HOW TO ENTER: During the Sweepstakes Period, visit: http://fatburger.com/fatburgerxpepsi125 (the “Website”) and follow the online instructions to complete and submit the entry form to receive one (1) entry into the random drawing. Entrants can receive a bonus entry by commenting on the official Fatburger x 125th Anniversary of PEPSI® Sweepstakes Instagram post on the official Fatburger Instagram page (@fatburger). Entrants can receive an additional bonus entry by resharing the official Fatburger x 125th Anniversary of PEPSI® Sweepstakes Instagram post from the official Fatburger Instagram page (@fatburger) to the entrant’s Instagram Story. See Section 4 for drawing details.
   Limit three (3) entries per person/email address/Instagram handle.
   All entrants must have a valid email address. The name of the person submitting the entry into the Sweepstakes must be the authorized account holder of the email address used to enter and the authorized account holder of the Instagram account used for bonus entries, otherwise, entry may be deemed void. Multiple entrants may not share the same email address. In the event of a dispute over the identity of an entrant, entry will be declared by the authorized account holder of the email address 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 email 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 email addresses or IP addresses may be blocked. If it is discovered that an entrant used multiple email addresses, phone numbers and/or mailing addresses, or manipulated such information for the purpose of obtaining more than the permitted number of entries, such person will be disqualified and any prize won shall be forfeited.

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 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 Fatburger North America, Inc., (“Sponsor”), Pepsi-Cola Company and its bottlers, and each of their 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 winners will be selected in a random drawing on or about December 12, 2023, 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, inclusive of bonus entries. 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: Twenty (20) prizes will be awarded. Each prize consists of a custom Fatburger x PEPSI® Cooler, a custom Fatburger x PEPSI® 30oz Tumbler, a Fatburger x PEPSI® crewneck, a Fatburger x PEPSI® bucket hat, two (2) Fatburger x PEPSI® koozies, two (2) Fatburger x PEPSI® stickers, four (4) cans of 12oz Pepsi-Cola , and four (4) Fat Checks (each valid for one free Fatburger or Signature Sandwich). Approximate Retail Value (“ARV”) of each prize pack: $287 each.
   Total ARV of all prizes: $5,750 total
6. WINNER NOTIFICATION AND VERIFICATION: The potential winners will be notified by email at the email address provided upon entry or by direct message on Instagram at the Instagram username 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. Prizes will be mailed within four (4) to twelve (12) weeks of winner verification.
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 winners 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 prizes 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. Winners 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 email address which may result in a potential winner not receiving a Notification; or (h) any undelivered or unanswered emails, including without limitation, emails that are not received because of a potential winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any Notification email, to a spam or junk folder. 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 prizes 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 OREXCLUSIONS 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.  Without otherwise limiting the foregoing, the U.S. Space & Rocket Center is not an administrator or sponsor of this Sweepstakes and is not responsible for any damages or claims related to this Sweepstakes.
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 Website, 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. Winners shall bear all risk of loss or damage to their prize and/or prize documentation after it has been delivered. Prizes are 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, winners grant 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, 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://fatburger.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. Winners’ names may be included in a publicly-available winners’ list.

11. WINNERS’ LIST: For the names of the winners and a copy of these Terms & Conditions, send a self-addressed, stamped envelope by January 10, 2024 to: Fatburger x 125h Anniversary of PEPSI® Sweepstakes Winners’ List, 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212.
12. SPONSOR: Fatburger North America, Inc., 9720 Wilshire Blvd, Suite 500, Beverly Hills, CA 90212.