DUck DONUTS SAN ANTONIO THEME park annual pass sweepstakes OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.

A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

DESCRIPTION: The “Theme Park Annual Pass” Sweepstakes (the “Sweepstakes”) begins on or about March 4, at 7:00 am Central Time and ends on March 31, 2024, at 11:59 pm Central Time (the “Sweepstakes Period”). To enter, eligible entrants must: visit Duck Donuts at 11703 Huebner Rd, San Antonio or at Culebra Commons, 7010 W Loop 1604 N., San Antonio and text the exclusive keyword revealed at the Duck Donuts Antonio the shop to 50282. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of BAM Opportunities of San Antonio and Austin, Inc. 10611 Flying Fury Dr, San Antonio, TX 78254 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States (see exclusions below) and District of Columbia who are at least eighteen (18) years of age or older at the time of entry and have a mobile phone with SMS capabilities can enter. Officers, directors and employees of Sponsor and Duck Donuts Holdings, LLC, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Sweepstakes (all such individuals and entities collectively referred to herein as the “Sweepstakes Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited. A mobile phone with SMS capabilities is required. Carrier message and data rates may apply and are the responsibility of the entrant.

HOW TO ENTER:

1. To enter, eligible entrants must: (i) Visit one of the Duck Donuts San Antonio locations (ii) Text special keyword revealed at the Duck Donuts San Antonio shop to 50282. Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes.
2. Limit one (1) entry per person. Entry must be received by the end of the Sweepstakes Periodin order to participate. The Sponsor’s database clock will be the official time keeper for this Sweepstakes. Any personal information collected by Sponsor in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy. Entry must be made by the entrant, only as described in these Official Rules. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited, and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted a entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in posting videos or processing the entries in the Sweepstakes. The Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, the winners will be selected from all eligible entries received throughout the Sweepstakes Period. One winner will be selected from each of the two Duck Donuts San Antonio shop locations. The Sponsor will select the winners at random. The Winner will be subject to verification and compliance with these Official Rules. The potential winner will be notified by mobile phone number used to enter. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. Sponsor may successively attempt to contact alternative winners until the applicable prize has been awarded.

PRIZES/ODDS: One winner from each Duck Donuts San Antonio location (2 winners total) will be selected to receive the following prize:

a. Four 2-Park Annual Pass to SeaWorld & Aquatica.

The total Approximate Retail Value (“ARV”) for all Sweepstakes Prizes is $668.28. No alternative or substitution of prizes will be allowed. Many will enter, only two will win. Actual odds of winning depend on the number of eligible entries received.

GENERAL PRIZE CONDITIONS. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. The prizes are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The winner is to reside in the United States of America and be 18 years of age or older. Residents of Alaska, Hawaii and Rhode Island are excluded from entry.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

PUBLICITY RELEASE. Acceptance of a prize constitutes winner’s permission for the Sponsor to use each winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes and Sponsor, in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.

CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. The Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Sweepstakes and/or by accepting any prize that they may be awarded, entrants agree to release the Sweepstakes Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of the prize. The Sweepstakes Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entry, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, fees, losses or damages of any kind caused from participation in the Sweepstakes or use of any prize; or (vi) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. The Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Sweepstakes. Sponsor may prohibit you from participating in the Sweepstakes if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted en entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship.

FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

GOVERNING LAW/JURISDICTION/DISPUTES. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF PENNSYLVANIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. As a condition of participating in this 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 through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.