Your DK / ALON “FUEL FALL FRENZY – FUEL YOUR YEAR” 2022 SWEEPSTAKES OFFICIAL RULES
Text AUTUMN (or other promotion keyword) to 48785 from your mobile device to enter to win free gas!
Prizes:
DAILY (90): $100 Fuel Cards
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR OPTING-IN TO MAILING LIST WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE SWEEPS, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, AND IN ALL STATES NOT LISTED.
SWEEPSTAKES: The DK / ALON “FUEL FALL FRENZY” 2022 Sweepstakes (“Sweepstakes”) is sponsored by ALON USA, LP, (“Sponsor”) and administered by Pocketstop, LLC (“Administrator”).
ELIGIBILITY: The Sweepstakes is offered in and open only to legal residents of the following U.S. States: Texas, Arizona, Arkansas, Louisiana, New Mexico, North Carolina, Oklahoma, and South Carolina who are at least eighteen (18) years old at the time of entry and meet all of the entry criteria (“Entrant”). Officers, directors, and employees of Sponsor, Administrator, and their respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes (collectively “Sweepstakes Entities”), and members of their immediate family (spouses and parents, grandparents, children and siblings and their spouses/partners, including foster and step relations regardless of where they live), IRS dependents, and household members, whether legally related or not, are not eligible to enter or win. Groups, clubs, organizations, commercial entities and businesses are not eligible to enter or win.
By entering, Entrants grant their unconditional agreement to be bound to these “Official Rules” and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.
SWEEPSTAKES PERIOD: The Sweepstakes begins on or about October 3rd, 2022, at approx. 10:00 am Central Time (“CT”) and ends on December 31st, 2022 at 11:59 pm CT (“Sweepstakes Period”). The Administrator’s server is the official time-keeping device for the Sweepstakes. All time referenced herein is Central Time. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
TO ENTER: During the Sweepstakes Period, participants may enter by:
Text. Text keyword, Fall, Frenzy2022, Frenzy, Frenzy22, Fall22, Fall2022, Pumpkin, Pumpkin22, Spice, Harvest, or Autumn, from your personal mobile device to 48785 to receive one (1) entry (“Text Entry”). Limit one Text Entry per Entrant per Day. By providing your mobile number you understand you will subscribe your mobile device to receive recurring promotional offers and discounts from Sponsor’s various retailers/businesses via our mobile club. Message frequency varies. Standard text and data rates may apply, and any such costs are the responsibility of the Entrant. When you text to enter the sweepstakes, you will receive a request to leave a review of the store. Leaving a review will not improve your chances of winning.
Mail-In. Legibly hand-write your complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, keyword 2022FALL, date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it in an envelope with proper U.S. postage affixed to: DK / ALON “FUEL FALL FRENZY” 2022 Sweepstakes, Delek US, 7102 Commerce Way, Brentwood, TN 37027. No copies. Mail-in entries must be postmarked on or before December 30th, 2022; and received by Sponsor by January 7th, 2023. Limit one Mail-in Entry per Entrant and envelope. By providing your mobile number you understand you will subscribe your mobile device to receive recurring promotional offers and discounts from Sponsor’s various retailers/businesses via our mobile club. Message frequency varies. Standard text and data rates may apply, and any such costs are the responsibility of the Entrant.
MOBILE DEVICE TERMS: Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of entry. To opt-out/stop receiving text messages, text the word STOP to 48785. Entrants may receive a text message confirming the decision to opt-out. Sending STOP after entry is complete will not preclude Sponsor from sending a winner notification by text message. For help, text the word HELP to 48785. Your Text is your electronic signature agreeing to these terms and giving electronic written consent. By texting, you represent that you are the owner of (or have permission to use) the mobile telephone number and mobile device used to enter. For each text message, Entrant may use only one (1) mobile phone number to enter, and the same mobile phone number may not be used by more than one (1) Entrant, regardless of the number of people who share that mobile phone number. In the event of a dispute over the identity of a mobile device Entrant, the entry will be deemed submitted by the Authorized Account Holder of the mobile device at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to a mobile device by its respective wireless service provider. If a dispute cannot be resolved to the Administrator’s satisfaction, the entry will be deemed ineligible. By entering this Sweepstakes by mobile device, Entrant consents to receive additional text messages from Sponsor relating to this Sweepstakes, including but not limited to a message notifying Entrant that they are a potential winner in this Sweepstakes if applicable. A Text-in Entry in the Sweepstakes will generate a text reply message confirming participation. Entrant further understands that such text messages will be subject to the charges imposed by your carrier’s rate plan. Proof of sending (such as a “thanks for entering” reply message) does not constitute proof of actual receipt by Administrator or eligibility of an entry for purposes of this Sweepstakes. Only eligible entries actually received by Administrator during the Sweepstakes Period will be eligible.
By entering the Sweepstakes, Entrant agrees to Administrator’s and Sponsor’s Terms and Conditions (“Terms and Conditions”) located at www.pocketstop.com/recipienttou and www.myalon.com/sms-terms. Sponsor and Administrator may each modify its Terms and Conditions at its discretion without providing notice to Entrant.
ENTRANT’S PERSONAL INFORMATION: Any information collected from Entrants is subject to Administrator’s and Sponsor’s Privacy Policy located at www.pocketstop.com/privacy-policy and www.myalon.com/privacy-policy As a condition of entering the Sweepstakes, all winners give consent for Sponsor and/or Administrator to obtain and deliver his or her name, address and other information to third parties for the purpose of administering and fulfilling this Sweepstakes and complying with applicable laws, regulations, and rules.
REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible entries, or any element thereof, will disqualify an entry. Proof that you submitted an entry does not constitute proof or evidence that it was received within the Sweepstakes Period or eligible for the Sweepstakes, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any entries and/or Entrants in whole or in part for any reason within its sole and absolute discretion.
Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself, or any of the Sweepstakes Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding the prize to any Entrant or winner. Entries submitted via any other entry method/portal than stated herein will not be accepted. Once submitted, entry cannot be modified, deleted or cancelled.
Entrants may not enter through a sweepstakes club or entry exchange site (or similar method whether paid or gratuitous), bots, robotic, repetitive, automatic, programmed or similar entry methods or agents, with multiple or false identities, e-mail, accounts, devices, and/or street addresses, nor shall Entrants use any other device or artifice to enter or participate. Any Entrant who is suspected of cheating, using fraudulent means, unauthorized entry methods, attempting to participate multiple times, with multiple devices, e-mail and/or addresses, under multiple or false identities, or engaging in or benefitting, directly or indirectly, from any such artifice, or artifice of any other kind will be disqualified.
Sponsor and Administrator assume no responsibility for, without limitation: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, postage due, ineligible or illegible entries or texts (in whole or in part); computer/server, mobile device, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entry, texts, or other information, or failure to capture any such information.
PRIZES, DRAWINGS & ODDS OF WINNING: Random drawings will be held by Administrator daily from all eligible entries received. The following prizes are available to be awarded, assuming sufficient eligible entries are received:
A total of 90 prize will be awarded, and consist of:
DAILY (90): $90 ALON/DK Fuel Gift Cards, a total Approximate Retail Value (“ARV”) of $9,000
Total ARV of all prizes awarded: $9,000. Any difference between the stated ARV and the actual value of the prize will not be awarded in any form.
Odds of winning a prize depends on the total number of eligible entries received during the Sweepstakes Period (including mail-in entry period as applicable). The potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules.
AWARDING OF PRIZES: The potential Prize Winner(s) are subject to verification by Sponsor or Administrator. An Entrant is not a winner of any prize until Entrant’s eligibility as the Prize Winner has been verified, Entrant has been notified that verification is complete, and Entrant has complied with these Official Rules. The potential Prize Winners will be notified by either telephone call or text message―at the same telephone number through which the text entry was received or which was included by Entrant in the mail-in entry. One (1) telephone call/text message attempt will be made during the Sweepstakes Period to reach the potential Prize Winner. If the potential Prize Winner 1) does not respond to such message within forty-eight (48) hours of notification, 2) fails to provide Sponsor or Administrator with satisfactory proof of age, identity, residence, or completion of required Affidavit or other documentation, 3) is unable, declines, or refuses to accept the prize in its entirety pursuant to the terms of these Official Rules and/or Affidavit, then such potential Prize Winner will forfeit the prize, and at Sponsor’s sole discretion, Administrator may randomly select an alternative potential Prize Winner for the respective prize/prize level. A Prize Winner found to be ineligible or non-compliant after the prize award will be immediately required to return and forfeit any such awarded prize. Prize awards that are lost, late, stolen, unclaimed, returned, undeliverable, not timely responded to, or otherwise un-awarded will be forfeited and will NOT be re-awarded.
PRIZE RESTRICTIONS: Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable for any reason. Prize Winner(s) of free gasoline, will receive an ALON/DK Gift Card which must be used in accordance with the terms and conditions of issuer at participating stores. The prizes are nontransferable and not redeemable for cash. Any portion of the Prize not timely used in full by the Prize Winner will be forfeited. Only the prizes as described are available to be awarded; in no event will Sweepstakes Entities be responsible for awarding more prizes than stated herein. Prize descriptions are complete, and all incidental costs associated with claiming and using the prize, minus shipping and delivery, but including travel is the Prize Winner’s responsibility. Trademarks or registered trademarks associated with any prizes belong to the respective prize manufacturers/owners or Sponsor as applicable, some of whom may not be sponsors of nor otherwise affiliated with this Sweepstakes. Prizes, and any elements thereof, including any products, gift cards, pre-paid credit cards, vouchers and/or tickets received as a prize: are personal to the Prize Winner; may not be transferred, assigned, sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution; if lost, misplaced, destroyed, or stolen will not be replaced by Sponsor; and are subject to their respective terms and conditions and may include restrictions to which Prize Winner agrees to abide and be bound. Any prize pictured or mentioned in advertising or Sweepstakes materials is for illustrative purposes only and may not be the actual prize awarded.
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).
PUBLICITY: Subject to applicable law, entry and/or acceptance of a Prize constitutes the Entrants’ and Prize Winners’ consent to Sponsor’s use of Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state (“Publicity”) for advertising and promotional purposes in any and all media now known or hereinafter devised, worldwide, without compensation or right of review.
RELEASE & INDEMNIFICATION: BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER SWEEPSTAKES ENTITIES, SOCIAL MEDIA PLATFORMS, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY SWEEPSTAKES AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITES, AND/OR OTHER PARTICIPATION IN THIS SWEEPSTAKES. By entering and/or accepting a prize, Entrants and Prize Winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release.
LIMITATIONS OF LIABILITY: THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, TAMPERING, HACKING, OR BY MALFUNCTION OF ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION (INCLUDING TEXT MESSAGE TRANSMISSION), COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR INJURY OR DAMAGE TO ENTRANT’S OR TO ANY OTHER PERSON’S MOBILE DEVICE RELATED TO OR RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES. IF, FOR ANY REASON, THE SWEEPSTAKES OR ANY ELEMENT THEREOF IS NOT CAPABLE OF RUNNING AS PLANNED BY REASON OF INFECTION BY COMPUTER VIRUS, WORMS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH SPONSOR OR ADMINISTRATOR, IN THE SOLE OPINION OF SPONSOR OR ADMINISTRATOR, DEEMS COULD CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS SWEEPSTAKES, OR ANY ELEMENT THEREOF, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT IN THEIR SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THIS SWEEPSTAKES OR ANY ELEMENT THEREOF, AND SELECT THE WINNER FROM ENTRIES RECEIVED PRIOR TO THE ACTION TAKEN OR IN SUCH OTHER MANNER AS SPONSOR OR ADMINISTRATOR MAY DEEM APPROPRIATE. IN THE EVENT OF A DISPUTE, THE TOTAL LIABILITY OF THE SPONSOR WITH RESPECT TO THIS SWEEPSTAKES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE IS ONE-HUNDRED DOLLARS. FURTHER, IN THE EVENT OF A DISPUTE, IN NO EVENT WILL SPONSOR OR ADMINISTRATOR BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SPECIAL OR EXEMPLARY DAMAGES, WHETHER THE CAUSE OF ACTION IS IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND PARTICIPANT/ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE ANY DAMAGES MULTIPLIED OR INCREASED.
FORCE MAJEURE: Sweepstakes Entities shall not be liable to Entrants, Prize Winners or any other person or entity for failure to execute the Sweepstakes or element thereof, or supply a prize or any part thereof in Sponsor’s sole discretion or by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of event, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/CHOICE OF LAW/FORUM: Except where prohibited, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Texas federal or state courts located in Dallas County, Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstakes, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas.
WINNERS LIST: The Winners List may be requested only after the Sweepstakes Period and no later than December 20th, 2022. To receive the Winners List, send an email with your request to support@pocketstop.com with the following subject line: DK / “FUEL FALL FRENZY” 2022 Sweepstakes Winners List Request.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit 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 provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control relating to the Sweepstakes, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
SPONSOR: ALON USA LP, 310 Seven Springs Way, Suite 500, Brentwood, TN 37027
ADMINISTRATOR: Pocketstop, LLC, 5646 Milton Street, Suite 100LL, Dallas, Texas 75206