THE “12 DAYS OF BO GIVEAWAY” SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
ELIGIBILITY: The “12 Days of Bo Giveaway” Sweepstakes (“Sweepstakes”) is open only to legal residents of the United States and D.C. (excluding Rhode Island) who, as of the time of entry, are at least 18 years and the legal age of majority in their state of residence or older. Employees, officers, directors, and representatives of Bojangles’ Restaurants, Inc. (collectively, “Sponsor”), or any of Sponsor’s parent companies, subsidiaries, affiliate entities, franchisees, or advertising or promotion agencies and members of the immediate family or household of any such employee, officer, director, or representative, are not eligible to enter or win (where immediate family member means parent, spouse, or sibling). Void where prohibited by law. By participating in the Sweepstakes, you agree to be bound by these Official Rules. An entrant is not a winner of any Prize (defined below) until entrant’s eligibility as a winner has been verified, entrant has been notified that verification is complete, entrant has completed and submitted all required forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and entrant has otherwise complied with the terms and conditions of these Official Rules.
SWEEPSTAKES PERIOD: The Sweepstakes will begin on December 1, 2022 at 8:00 AM Eastern Time (“ET”) and ends on December 9, 2022 at 11:59 PM ET (“Sweepstakes Period”). Sponsor’s time keeping device is the official clock of the Sweepstakes.
HOW TO ENTER: During the Sweepstakes Period, an eligible individual may enter the Sweepstakes using either or both of the following methods of entry:
INSTAGRAM: To enter the Sweepstakes via Instagram, during the Sweepstakes Period an individual must: 1) “Like” or comment on the post announcing the Sweepstakes on Sponsor’s @bojangles account (“Sweepstakes Post”); and 2) begin following, or already be following, @bojangles on Instagram from the same account you liked or commented on the Sweepstakes Post (together, an “Instagram Entry”).
TIKTOK: To enter the Sweepstakes via TikTok, during the Sweepstakes Period an individual must: 1) “Like” or comment on the TikTok Sweepstakes Post; and 2) begin following, or already be following, @bojangles on TikTok from the same account you “liked” or commented on the Sweepstakes Post (together, a “TikTok Entry”) and with Instagram Entries each an “Entry”).
If you do not have an Instagram or TikTok account, follow the onscreen instructions to register for a free Instagram account at instagram.com and for a free TikTok account at tiktok.com. The name of the person submitting an Entry into the Sweepstakes must be the name of the authorized account holder of the Instagram and/or TikTok account used to enter, otherwise, the Entry may be deemed void. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the authorized account holder of the Instagram account and/or TikTok account used during the Entry process. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
ENTRY LIMITS; ODDS: Limit one (1) entry per person per social media platform, regardless of the number of Instagram accounts and/or TikTok accounts such person may hold. No entrant may enter the Sweepstakes more than twice, once per social media platform, during the Sweepstakes Period. All Entries submitted become the sole property of Sponsor. Entries will not be acknowledged or returned. Odds depend on number of eligible Entries received.
ENTRY GUIDELINES: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. The Sponsor reserves the right to, and may or may not, monitor/screen Entries.
As determined by the Sponsor, in its sole discretion, Entries must comply with these Official Rules and the relevant Instagram and TikTok network posting guidelines. Sponsor reserves the right to disqualify any Entry that is accompanied by any comment or content which: (a) is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) is obscene or offensive, endorse any form of hate or hate group; (d) promotes terrorist or violent acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (e) defames, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (f) contains trademarks, logos or trade dress owned by others (except the Sponsor’s), or advertise or promote any brand or product of any kind (except the Sponsor’s), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) contains trademarks or contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (h) contains background artwork, unless it is an original work of the entrant; (i) contains materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (j) communicates messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (k) depicts, and cannot itself, be in violation of any law.
ENTRIES ACCOMPANIED BY POSTS/COMMENTS TO INSTAGRAM AND TIKTOK ARE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.
SELECTION OF WINNERS; ODDS: Once the Sweepstakes Period ends, all eligible Entries will be pooled together, potential winners will be selected from the pooled Entries in a random drawing conducted by Sponsor or its agent.
PRIZES: One (1) prize will be awarded to each verified winner randomly selected as described in Section 6 above. A total of twelve (12) prizes are available to be awarded and consist of the following BOJANGLES-branded items:
Combination security safe box and Bojangles gift cards (approximate retail value “ARV” of $530);
Hydration station consisting of four tumblers and a ½ gallon of Bojangles Legendary Iced Tea (ARV of $120);
Tote bag, towel, and hat (ARV of $100);
“Chickuterie”(aka charcuterie) board with cheese spreaders and a bottle of Bo’s Famous Seasoning (ARV $120);
One (1) pair of Croc shoes with jibbitz (ARV $70);
Custom belt bag and Bojangles sauces (ARV $100);
Wrapped cooler and ½ gallon of Bojangles Legendary Iced Tea (ARV $400);
One (1) pair of cowboy boots (ARV $150);
Nintendo Gameboy Switch (ARV $300);
One (1) pair of tickets to a Carolina Panther’s football game (one pair of tickets will be awarded to two (2) separate winners; each pair of tickets has a combined ARV of $500); and
Hoodie, hat, t-shirt, and tote bag (ARV $200)
The total ARV of all prizes is $3,090. There is no substitution, transfer or cash equivalent for the prize, and the prize must be accepted as awarded, except that the Sponsor may, at its sole discretion, substitute any portion or all of a prize, with a prize of comparable value or cash. The prizes consist only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner. An IRS form 1099 will be issued in the winner’s name if required by law. Gift cards are subject to their applicable terms and conditions. Apparel, including shoes, boots, and belt bag, may be available in limited sizes. Event tickets are subject to the terms and conditions of such tickets, and Sponsor is in no way responsible for any delay, cancellation, or adverse event related to the ticketed event or a winner (and/or their guest’s) attendance at such event. In the event of a cash prize, or any other prize which requires an additional expenditure to use the prize, the expense will be the sole responsibility of the winner.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
NOTIFICATION AND VERIFICATION OF WINNERS. The potential prize winner will be notified via direct message, depending on the method of entry used by the potential winner in entering the Sweepstakes. If a potential prize winner does not respond to the notification within 48 hours of the initial attempt, he or she may be disqualified and the prize awarded to an alternate winner. The winner is subject to verification. Each potential winner will be required to provide Sponsor a valid physical mailing address (not a P.O. Box) within the time stated in the message notification. Potential winner may, at Sponsor’s discretion, also be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release, and a W-9 form (if prize value exceeds $600), within three (3) days of attempted delivery of same. If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner will be disqualified and an alternate winner selected from the remaining eligible Entries received. We will select only up to one alternate winner.
GRANT/TRANSFER OF RIGHTS; PUBLICITY: By submitting an Entry, entrant/you acknowledge and agree that the submission of an Entry grants irrevocably and assigns to Sponsor and its agents and assigns the exclusive irrevocable, perpetual, worldwide right, title, and interest, in and to the Entry, whereby Sponsor and its agents and assigns may reproduce, publish, edit, revise, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or parts of the Entry (as such may be edited and modified by Sponsor and its assigns in their discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on any websites, and/or other media and channels), without further compensation, unless prohibited by law. Entrant hereby disclaims any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby. Further, to the extent Entrant may have moral rights in the Entry submitted, he/she hereby waives all such moral rights in favor of Sponsor and Sponsor’s assigns.
RELEASE AND LIMITATION OF LIABILITY: Sponsor and its parent companies, affiliates, subsidiaries, agents, franchisees (whether Sponsor’s or Sponsor’s affiliates’), and licensees, as well as their respective officers, directors, owners, shareholders, employees, representatives, and agents of each of the foregoing, as well as Instagram and TikTok (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or any other human or technical errors of any kind relating to the operation of the Sweepstakes, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of entries, or the administration of the Sweepstakes, (b) any force majeure event or any other event outside Sponsor’s control that may cause any alteration, postponement or cancellation of any part of the Sweepstakes or any prize; (c) any injury or damage to any individual or property due to any potential winner’s claiming of a prize or any Sweepstakes-related activity undertaking by any participant, potential winner, or winner; (d) any illegible or unclear phone numbers, address, or entry information provided, any failure on behalf of a potential winner to check or receive a direct message or to respond to any winner direct message sent. THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF ANY PRIZE OR ANY OTHER ASPECT OF ANY PRIZE WINNER’S USE OR MISUSE OF THE PRIZE. By entering, each entrant fully releases, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all claims and liability arising out of the operation of the Sweepstakes, participation in the Sweepstakes, the acceptance, receipt or use (or misuse) of any prize or prize component and/or any use of the entrant’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, or the redemption, acceptance, receipt or use or any prize or prize component. The Released Parties are not responsible for any typographical, printing, production or other error in the administration of the Sweepstakes or in the announcement of any prize or notification of any winner. In no event will more prizes than the number stated in these Official Rules be awarded. Each winner agrees to execute such additional release(s), waiver(s) of liability and/or agreement(s) as may be required by a provider of a prize component, within the time period specified by Sponsor or the provider, if so required.
GENERAL RULES: All Entries become the property of Sponsor and will not be acknowledged or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Sweepstakes or to the extent Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms. In the event of termination of the Sweepstakes, a notice will be posted online and Sponsor will award the prizes by any reasonable method it deems to be fair and equitable in its discretion.
DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND BY ENTERING EACH ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES. All issues and questions arising from or relating to the Sweepstakes or these Official Rules, shall be governed by, and construed in accordance with the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules must be instituted solely and exclusively in the federal or state courts located in Mecklenburg County in the State of North Carolina, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Sweepstakes or these Official Rules.
USE OF INFORMATION: By submitting an Entry during the Sweepstakes Period, you expressly consent that Sponsor may use the information submitted to contact you if you are chosen as a potential winner. By entering the Sweepstakes, each entrant agrees that information submitted in connection with the Sweepstakes may be used as permitted pursuant to the Privacy Policy, these Official Rules, and otherwise in connection with the administration of the Sweepstakes.
WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, available after December 25, 2022 or a copy of these Official Rules, send a mail request letter with your full name and mailing address as well as your clearly stated request to: ATTN: “The ‘12 Days of Bo Giveaway’ Sweepstakes,” Marketing Department, 9432 Southern Pine Blvd., Charlotte, NC 28273.
SPONSOR AND ADMINISTRATOR: Bojangles’ Restaurants, Inc., 9432 Southern Pine Blvd., Charlotte, NC 28273 (collectively, the “Sponsor").
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok.