BOLD CHALLENGES SWEEPSTAKES 1. PROMOTION: The Bold Challenges Sweepstakes (the "Sweepstakes") is sponsored by San Manuel Indian Bingo & Casino and Del Taco LLC (the “Sponsors”). San Manuel Indian Bingo & Casino is located at 777 San Manuel Blvd., Highland, CA 92346, 1-800-359-2464. San Manuel Indian Bingo & Casino is the premier gaming establishment in Southern California, offering slot machines, Vegas-style poker and blackjack, high-stakes bingo, a variety of restaurants, and a state-of-the-art showroom. Prizes must be claimed at San Manuel Indian Bingo & Casino unless otherwise noted herein. Del Taco LLC is located at 25521 Commercenter Drive, Lake Forrest, CA 92630. Del Taco, the Lake Forest, California-based company operates or franchisees more than 510 restaurants in 18 states. Del Taco offers a full range of made-to-order Mexican items such as tacos, burritos, quesadillas and American favorites including cooked-to-order burgers, fries and shakes. Del Taco uses fresh ingredients including hand-made salsa, fresh produce, freshly grated cheddar cheese, chicken grilled every hour and lard-free beans made from scratch. Additional information is available at www.deltaco.com. The Sweepstakes starts at 12:00:01 AM Eastern Time (ET) on July 29, 2009, and ends at 11:59:59 PM ET on August 28, 2009 (“Promotion Period”). All applicable federal, state and local rules apply. Void where prohibited or restricted by law and outside of California, Arizona and Nevada. Offer subject to certain restrictions, qualifications and conditions, as described herein. 2. ELIGIBILITY: You must be a legal resident of the State of California, Arizona or Nevada, and 21 years or older at time of entry to be eligible to enter. Employees of San Manuel Indian Bingo & Casino and Del Taco LLC and each of their parent companies, subsidiaries, affiliates, partners, advertising agencies, or promotional suppliers or persons involved in any part of the administration and execution of this Sweepstakes and immediate family member (spouses and parents, children and siblings regardless of where they live) or members of the same households (whether related or not) of any such employees are not eligible to enter. 3. PRIZE: Five (5) Grand Prizes will be awarded: TITO ORTIZ: Meet the “Huntington Beach Badboy” at San Manuel Indian Bingo & Casino and test your MMA skills. Package includes lesson at San Manuel Indian Bingo & Casino, basic grappling, and photos. ANNIE DUKE: Find out what it’s like to sit across the table from one of the world’s top poker players. Package includes poker (Hold ‘Em) lesson at San Manuel Indian Bingo & Casino, table play, and photos. Odds of winning depend upon the number of eligible entries received during the Promotion Period for each prize drawing. No transfer, substitution or cash redemption will be awarded in lieu of stated prize except by Sponsor(s) who reserves the right to substitute a prize (or portion thereof) of comparable value, at its sole discretion. There is no retail dollar value for these prizes. Prizes must be claimed and/or fulfilled at San Manuel Indian Bingo & Casino unless otherwise noted. Arrangements for fulfillment of each Grand Prize will be made by Sponsors. The estimated dates for fulfillment of each Grand Prize will be some time between August 28, 2009 and November 28, 2009 and such dates are subject to change in Sponsors sole discretion. 4. GRAND PRIZE DRAWING/WINNER NOTIFICATION: One (1) Grand Prize winner will be selected in a random drawing for each individual prize. The 5 drawings will be held on or about 8/29/09 from among all eligible entries received during the Promotion Period. Sponsor(s) or a third party engaged by Sponsor(s) will contact the potential Grand Prize Winners by phone on the phone number received and will also attempt to leave a voice mail message. If the potential Grand Prize Winner does not answer or call back within seventy-two (72) hours after the call, the Prize will be forfeited and the Sponsor(s) will award the prize to an alternate randomly selected Grand Prize winner. All potential Winners will be required to sign an affidavit of eligibility, publicity release and liability waiver (collectively “Affidavit”) within five (5) days after receipt of such documents or forfeit his/her rights to the Prize. 5. HOW TO ENTER: Entries must be received during the Promotion Period to be eligible for the Grand Prize Drawings. There are two ways to enter the Sweepstakes: Mobile Phone Entry: To enter via mobile phone you must have access to a text messaging capable mobile phone from a participating carrier. Participating carriers are: AT&T, T-Mobile, Verizon Wireless, Alltel, Virgin, Boost, Nextel, Cellular South, US Cellular, Rural Cellular, East Kentucky Network, Cellcom, Immix Wireless, Cincinnati Bell and nTelos. You must confirm that your mobile phone meets the system requirements. To obtain the keyword for the prize you desire, visit one of the participating Del Taco Locations in California, Arizona or Nevada and locate the keyword associated with the prize you desire. After obtaining the eligible key word, simply text the key word to “34343” using a text messaging capable mobile phone from a participating carrier (described above) to receive a chance to win that prize. Standard text message rates apply to each text message sent and received. 6. GENERAL: Taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of winners. By entering the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Sponsor(s) which shall be final and binding in all respects. By participating in this Sweepstakes and/or by accepting any prize that they may win, entrant agrees for entrant and for entrant’s heirs, executors, and administrators (i) to release the Sponsors and each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Sweepstakes and/or acceptance or use of any awarded prize, (ii) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes, and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification, permission or approval. Any entrant or winner determined to be a banned or self-banned patron from play at the San Manuel Indian Bingo & Casino will be disqualified. Any such prize will be considered forfeited and will not be awarded. 7. WAIVER: Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error or any kind relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prize or any Sweepstakes-related materials; or for any liability for damage to any mobile phone or computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. Sponsor(s) reserves the right in its sole discretion, to cancel, suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor(s) in its sole discretion. In the event of cancellation, Sponsor(s) reserves the right, at its sole discretion, to award any prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor(s) reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Sponsor(s) is not responsible for any failure to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor(s) or other “force majeure” event. 8. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor(s) or the Released Parties in connection with the 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 which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in California, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, 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. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Nothing herein shall be interpreted as a waiver of sovereign immunity by the San Manuel Band of Serrano Mission Indians or the San Manuel Indian Bingo & Casino. Offer subject to certain restrictions, qualifications and conditions. Prizes must be claimed at San Manuel Indian Bingo & Casino unless otherwise stated in the Official Rules. 9. PRIVACY POLICY: Any personal information supplied by you to Sponsor(s) will be subject to Sponsor(s)’s privacy policy posted at http://www.sanmanueldeltacosweeps.com/utilities/about/privacypolicy.html and http://www.deltaco.com/privacypolicy.html. 10. OFFICIAL RULES AND GRAND PRIZE WINNER: For a copy of these Official Rules, (or the name of the Grand Prize Winners, available after 9/7/09), mail a self-addressed, stamped envelope to “Bold Challenges Sweepstakes” Winner's List or Rules, Pop2Life, 247 Centre Street, 6th Floor, New York, NY 10013. Requests must be received by 10/15/09. # 8701863_v2 |