Tapatinos Giveaway Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT

INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Tapatio Foods LLC (“Sponsor”) is pleased to introduce the Tapatinos Giveaway Sweepstakes

(“Sweepstakes”). The Sweepstakes entry period begins on January 22, 2024 at 6:30:00 p.m.

Pacific Time (“PT”) and ends on January 28, 2024 at 11:59:59 p.m. PT (“Sweepstakes Entry

Period”). Pacific Time shall control for all purposes of the Sweepstakes. Sponsor’s computer shall

be the official clock for purposes of the Sweepstakes.

As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by

these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all

respects, and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules,

Sweepstakes materials, information contained on Sponsor’s website, available at

www.Tapatiohotsauce.com. The Sweepstakes is subject to applicable federal, state, provincial and local

laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a

Prize (as defined in Section 6) is contingent upon fulfilling all requirements set forth herein.

1. INSTAGRAM® AND TIKTOK® DISCLAIMER

As a condition of participating in the Sweepstakes, you agree and acknowledge that Instagram LLC, and

Tik Tok Inc. as well as their owners directors, officers, employees, contractors, agents, representatives,

parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “SNS

Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor

are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be

directed to Sponsor, not the SNS Group. You also agree that as a condition of participating in the

Sweepstakes, you shall release the SNS Group from any and all liability arising out of or relating to your

entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, use,

or misuse of any Prize, or the broadcast, exploitation, or use of an entry.

2. ELIGIBILITY

The Sweepstakes is open only to natural persons who: (i) are permanent legal residents of the fifty (50)

United States or the District of Columbia that are physically located and residing therein; (ii) are at least

eighteen (18) years of age; (iii) are not barred from participation in the Sweepstakes under the laws of

the United States, including but not limited to all federal, state, and local laws; and (iv) at all times abide

by these Official Rules. Proof of residency and age may be required.

Directors, officers, employees, contractors, agents or representatives of Sponsor, and each of their

respective parents, subsidiaries, distributors, retailers, suppliers, advertising and promotion agencies,

and any and all other companies associated with the design or execution of the Sweepstakes, as well as

their immediate family and household members, whether related or not, are not eligible to enter the

Sweepstakes. “Immediate family” shall mean parents, step-parents, legal guardians, children, step-

121292198.5

children, siblings, step-siblings or spouses. “Household members” shall mean those people who share

the same residence at least three (3) months a year.

3. HOW TO ENTER

During the Sweepstakes Entry Period, you may enter the Sweepstakes one (1) time regardless of the

method of entry used. You may enter in one of two (2) methods:

(a) Instagram Method of Entry

You may submit one (1) entry into the Sweepstakes by following these steps:

i. Login to your Instagram account;

ii. Follow Sponsor’s account, @tapatiohotsauce;

iii. Follow account @totinos

iv. When Sponsor makes a post related to the Sweepstakes, you must like the

posted picture; and

v. Then, publicly tag another user beneath the post in the comments section

(the “entry”) during the Sweepstakes Period for a chance to win. Only the

entrant who tags a user will be entered to win. The tagged user will not be

entered to win.

Registration with Instagram is required to enter into the Sweepstakes. If you do not have an

Instagram account, visit www.Instagram.com or download the free Instagram app on your iOS or

Android device from the App Store or Google Play, as applicable based upon your device, and

create a free account as instructed. Please note that all comments must comply with (i) these

Official Rules and (ii) the Instagram Terms of Use, available at

http://instagram.com/about/legal/terms.

(b) TikTok Method of Entry

You may submit one (1) entry into the Sweepstakes by following these steps:

i. Login to your TikTok account;

ii. Follow Sponsor’s account @tapatio1971;

iii. Follow account @totinos

iv. When Sponsor posts a video related to the Sweepstakes, you must like the

posted video; and

v. Then, publicly tag another user beneath the post in the comments section

(the “entry”) during the Sweepstakes Period for a chance to win. Only the

entrant who tags a user will be entered to win. The tagged user will not be

entered to win.

Registration with TikTok is required to enter into the Sweepstakes. If you do not have a TikTok

account, visit www. TikTok.com or download the free Instagram app on your iOS or Android

device from the App Store or Google Play, as applicable based upon your device, and create a

free account as instructed.

121292198.5

Entries received via each of the two (2) methods of entry will be treated separately and entered into two

(2) separate Drawings (as defined in Section 4). Limit one (1) entry per person regardless of the method

of entry. If an entrant submits more than one (1) entry per method of entry, Sponsor reserves the right

to void all such entries at its sole and absolute discretion. Using an automated system to participate in

the Sweepstakes or attempting to subvert the Sweepstakes entry process is prohibited and may result in

disqualification. In the event of a dispute over who submitted a winning entry, the Authorized Account

Holder for the social network site associated with the entry will be deemed to be the entrant. The

Authorized Account Holder is defined as the natural person that has established the corresponding

account with the respective social network site.

If you are required to post on your SNS Group account to enter, make sure the “Private Account” setting

is turned off, or Sponsor won’t be able to see your entry and you won’t be able to participate in the

Sweepstakes. By making this change to your account setting, you understand that all of your future

posts on such SNS Group platform will be visible to the public. You agree to comply with all SNS Group

platform terms and conditions.

Sponsor is not responsible for incorrect or inaccurate transcription of entry information, computer,

online or human error, technical malfunctions, any omission, interruption, defect, or any other error,

including, without limitation, lost, late, incomplete, invalid, unintelligible or misdirected entries, all of

which may constitute grounds for disqualification in Sponsor’s sole discretion. If a problem occurs in the

entry process, the entrant is solely responsible for verifying that the entry process has been validly

completed. Sponsor shall have no obligation to advise an entrant of an incomplete, late or undeliverable

entry. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or

returned. Entrant is responsible for all online charges incurred with any Internet service p rovider

and/or wireless carrier.

4. WINNER SELECTION AND ODDS OF WINNING

On or about January 29, 2024, Sponsor will conduct one (1) random drawing for each of the two (2)

methods of entry from all eligible entries received during the Sweepstakes Entry Period for the

respective method of entry (each, a “Drawing” and, collectively, the “Drawings”) to select the two (2)

potential winners (each, a “Potential Winner”), subject to verification of eligibility requirements.

2. Odds of winning a Prize depend on the number of eligible entries received during the

Sweepstakes Entry Period for each Drawing. No more than the stated number of Prizes will be

awarded.

1. WINNER NOTIFICATION AND VERIFICATION

On or about January 29, 2024 the Potential Winners will be contacted via direct message on the select

social network site in which they entered and won, by contacting the same username affiliated with the

winning entry. The Potential Winners will be awarded the applicable Prize subject to verification of

eligibility and compliance with all terms and conditions of these Official Rules. If a Potential Winner fails

to respond to the direct message within forty-eight (48) hours of notification or the direct message is

returned as undeliverable after two (2) attempts, the Potential Winner may be disqualified in Sponsor’s

sole and absolute discretion. Winners will be required to provide proof of their government

identification to verify their age.

121292198.5

Winners also may be required to provide their Social Security number or tax ID for tax reporting

purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the fair

market value of a Prize awarded and accepted. Except where prohibited, Potential Winners also may be

required to sign and return to Sponsor, within five (5) business days from the date when Sponsor’s initial

verification email was sent, a declaration of eligibility and liability/publicity release (“Declaration”) via

email to the address specified in the Declaration in order to claim his or her Prize. If a Potential Winner

fails to complete, sign and return the applicable Declaration within the required time period, or if the

Declaration is returned as undeliverable or incomplete, the Potential Winner may be disqualified in

Sponsor’s sole and absolute discretion.

In the event a Potential Winner is disqualified for any reason, or if a Prize is unclaimed, the Prize will be

forfeited. Sponsor, at its sole and absolute discretion, may award the forfeited Prize to an alternate

Potential Winner by random drawing from among all remaining eligible entries. Within forty-eight (48)

hours of the secondary drawing, alternate Potential Winner(s) will be contacted via direct message in

the same social platform in which they won, by contacting the same username affiliated with the

winning entry. If the alternate Potential Winner(s) fails to respond to the direct message within forty-

eight (48) hours of notification or the email notification is returned as undeliverable after two (2)

attempts, the alternate Potential Winner may be disqualified in Sponsor’s sole and absolute discretion.

Sponsor retains the right to repeat this process until an alternate Potential Winner complies with the

verification of eligibility requirements.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO

THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE OFFICIAL

RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED

TO THE SWEEPSTAKES.

2. PRIZE

The Prize and its approximate retail value (“ARV”) is as follows:

Tapatinos Influencer Box (“the Prize”). Subject to verification of eligibility and compliance with

these Official Rules, the two (2) Potential Winners will each receive:

● One (1) Tapatinos cap with an ARV of $25.00.

● One (1) Tapatio bottle with an ARV of $5.00.

● One (1) Tapatinos Lanyard with an ARV of $5.00.

● One (1) Faux Tapatinos Ticket with an ARV of $0.00

● One (1) Tapatinos box with an ARV of $10.00

● One (1) Tapatinos Nerf football with an ARV of $5.00.

The total ARV of each Prize is $50.00 for a collective Prize total of $100.00 USD. The ARV for the Prize is

an estimate made before the Sweepstakes begins and may vary. If the actual retail value of the Prize is

less than or greater than the stated ARV, the Prize winner will not receive the difference.

All Prizes must be claimed in and shipped to an address in the 50 United States and/or the District of

Columbia, except in Sponsor’s sole discretion. All Prizes will be delivered to the winner by regular mail,

United States Postal Service or courier such as Federal Express. Type of delivery service will be at the

sole discretion of Sponsor. Please allow 6-8 weeks for delivery. Sponsor is not responsible for and will

not replace any lost, mutilated or stolen Prizes. Sponsor assumes no liability for non-deliverability.

121292198.5

ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES ARE THE SOLE RESPONSIBILITY OF THE PRIZE

WINNERS. ALL OTHER COSTS AND EXPENSES RELATED TO ANY PRIZE NOT SPECIFIED HEREIN AND OTHER

EXPENSES INCURRED BY ACCEPTING THE PRIZE ARE ALSO THE SOLE RESPONSIBILITY OF THE WINNER.

ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE AUTHORITIES.

5. PRIZE CONDITIONS

Limit one (1) Prize per person. A Prize will be awarded only if the Potential Winner fully complies with

these Official Rules. A Potential Winner is responsible for providing Sponsor with a delivery address so

Sponsor may deliver the Prize. If no such address is provided within seven (7) days of initial contact, such

Prize is considered forfeited. Sponsor shall have no responsibility or obligation to the Prize winner or a

Potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the

Prize. All Prizes (or a component of the Prize) are subject to the terms and conditions of the issuer. All

Prize details are at the sole and absolute discretion of Sponsor and any depiction of the Prize, in

Sweepstakes materials or otherwise, is for illustrative purposes only. Prize and Prize components are

subject to availability and other restrictions all of which are subject to change at Sponsor’s sole and

absolute discretion. No transfer, refund, cash redemption, substitution, replacement or cash equivalent

for a Prize or any Prize component will be made, except that Sponsor, at its sole and absolute discretion,

may substitute a Prize (or component of a Prize) of equal or greater value for any reason.

ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF

CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE

MAXIMUM EXTENT PERMITTED BY LAW.

6. ENTRY CONDITION AND RELEASE

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the

decisions of Sponsor as they may be amended from time to time and (b) release, indemnify, defend, and

hold harmless Sponsor, its respective parents, subsidiaries, affiliates, suppliers, retailers, distributors,

advertising and promotion agencies, the SNS Group, and each of their respective past and present

officers, directors, employees, agents, shareholders, contractors and representatives (collectively, the

“Released Parties”) from and against any and all claims, expenses, and liability resulting or arising from

the Sweepstakes (including reasonable attorneys’ fees), including, but not limited to, negligence and

damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public

disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel,

violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights,

property damage, or death or personal injury arising out of or relating to your entry, creation of an entry

or submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of a Prize, or the

broadcast, exploitation, or use of an entry. Released Parties are also not responsible for any

typographical or other error contained in the Official Rules or Sweepstakes-related materials.

7. PUBLICITY RELEASE AND USE OF PERSONAL INFORMATION

Except where prohibited by law, by participating in this Sweepstakes and/or accepting a Prize, you grant

Sponsor and its designees the right to use your name, photograph, likeness, statements, biographical

information, testimonials, personal story, voice, address, and other identifying information for any and

121292198.5

all commercial purposes of the Sponsor, including, without limitation, advertising and promotional

purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media,

now known or hereafter devised without additional compensation, review or approval rights,

notification or permission.

By entering the Sweepstakes, entrants acknowledge they will be sharing their personal information with

Sponsor. In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as

described in its respective Privacy Policy. Please refer to Sponsor's Privacy Policy, available at

https://www.tapatiohotsauce.com/privacy-policy or important information regarding our collection, use

and disclosure of personal information. Sponsor is not responsible for disclosures made by any third

party.

YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED

TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST AND

BEING TAGGED BY SPONSOR IN A POST ON THEIR RESPECTIVE SNS GROUP ACCOUNT ANNOUNCING

YOU AS A WINNER.

8. GENERAL CONDITIONS

The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Winning a

Prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official

Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify

and/or terminate the Sweepstakes, or any part of it, for any reason, including, but not limited to,

insufficient entries, any printing, seeding, typographical, technical errors, human or otherwise,

suspected or actual evidence of electronic or non-electronic tampering with any portion of the

Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or

failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper

conduct of the Sweepstakes or any other factor beyond Sponsor’s reasonable control, as determined by

Sponsor in its sole and absolute discretion.

In such event, Sponsor reserves the right to award the Prizes to the extent required by law for eligible

entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as

deemed fair and appropriate by Sponsor in its sole and absolute discretion. Sponsor also reserves the

right to disqualify any individual it finds to be tampering or interfering with the operation of the

Sweepstakes, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner

and void such individual’s entry.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE

SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT

BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND

DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT

PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or

enforceability of any other provision. In the event that any provision of the Official Rules is determined

to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be

construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that

121292198.5

provision. Headings are solely for convenience of reference and will not be deemed to affect in any

manner the meaning or intent of the documents or any provision hereof.

9. LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, the Released Parties are not responsible for: (i) any incorrect

or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or

programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including,

without limitation, malfunctions, interruptions, or disconnections of the equipment or software

associated with or utilized in the Sweepstakes; (iii) unauthorized human and/or mechanical intervention

in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in

the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to

persons or property including, without limitation, death, bodily injury, pain and suffering, emotional

distress or loss of data which may be caused, directly or indirectly, in whole or in part, from entrant’s

participation in the Sweepstakes or receipt, use or misuse of any Prize. If for any reason your entry is

confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole

remedy is to submit another entry during the Sweepstakes Entry Period through a method set forth in

these Official Rules. Under no circumstances will you be permitted to obtain awards for, and you hereby

waive all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental

or consequential damages, in which case the liability of the Released Parties will be limited to the

maximum extent permitted by law.

10. DISPUTES

By participating, you agree that any and all disputes, claims, and causes of action arising out of or in

connection with this Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to

any form of class action. You agree that should you have any such disputes, claims, or causes of action,

you shall first allow Sponsor an opportunity to address your concerns. You further agree that if the

dispute or claim is not otherwise resolved through direct discussions with Sponsor, it shall then be

resolved by final and binding arbitration in accordance with the commercial arbitration rules of the

American Arbitration Association ("AAA"). All proceedings brought pursuant to this paragraph will be

conducted in California in the city of Los Angeles.

You further agree that: (i) any and all claims, judgments, and awards shall be limited to actual out-of-

pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event will

you be entitled to receive attorneys’ fees or other legal costs; and (ii) under no circumstances will you

be permitted to obtain awards for, and you hereby waive all rights to claim, 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 you and Sponsor in connection with this Sweepstakes, shall be governed by, and

construed in accordance with the laws of the State of California, without giving effect to any choice of

law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction),

121292198.5

that would cause the application of the laws of any jurisdiction other than the State of California and the

forum and venue for any dispute shall be in Los Angeles.

11. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE

3. Unless otherwise specified in these Official Rules, words importing the singular include the

plural and vice versa and words importing gender include all genders. All dollar amounts

referred to in these Official Rules are in lawful money of the United States of America. The

Released Parties are not responsible for any damages caused by delay or failure to perform

undertakings pursuant to these Official Rules when the delay or failure is due to weather, event

cancellations, fires, strikes, floods, pandemics, acts of God or the state’s enemies, lawful acts of

public authorities, delays or defaults caused by common carriers, or other events that cannot

reasonably be foreseen or provided against.

12. OFFICIAL RULES AND WINNERS’ LIST

A complete copy of these Official Rules can be obtained by sending a self-addressed, stamped envelope

to the offices of Tapatio Foods LLC, 4685 District Blvd, Vernon, CA 90058 or emailing a request to

Giveaways@Tapatiohotsauce.com. To obtain the names of the Prize winners, any person may mail a

self-addressed, stamped envelope to the offices of Tapatio Foods LLC, 4685 District Blvd, Vernon, CA

90058, Attn: Winners’ List. The Winners’ List will be available after January 29, 2024 and requests must

be received no later than four (4) months after that date.

13. SEVERABILITY/WAIVER

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or

enforceability of any other provision. In the event that any provision of the Official Rules is determined

to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be

construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

The Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that

provision.

14. SPONSOR

The Sponsor is Tapatio Foods LLC, 4685 District Blvd, Vernon, CA 90058.