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Official Rules

Moe’s Southwest Grill® “Take the Queso to the Banko” Sweepstakes

The following content constitutes the Official Rules for the Moe’s Southwest Grill® “Take the Queso to the Banko” Sweepstakes (“Official Rules”):

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.  

  1. Promotion Period.  The Moe’s Southwest Grill “Take the Queso to the Banko” Sweepstakes (the “Promotion”) commences at 12:00:01 PM Eastern Standard Time (“ET”) on July 31, 2012, and ends at 11:59:59 AM ET on January 18, 2013 (the “Promotion Period”).  All entries must be received by 11:59:59 AM ET on January 18, 2013.  The Promotion is divided into two Phases: Phase 1 (“Phase 1”) commences at 12:00:01 PM Eastern Standard Time (“ET”) on July 26, 2012, and ends at 11:59:59 AM ET on September 25, 2012; Phase 2 (“Phase 2”) commences at 12:00:00 PM Eastern Standard Time (“ET”) on September 26, 2012, and ends at 11:59:59 AM ET on January 18, 2013.
  2. Administrator & Sponsor.  The Promotion is administered by Brandmovers, Inc. (“Administrator”) and sponsored by Moe’s Franchisor LLC (“Moe’s” or “Sponsor”).
  3. Eligibility.  The Promotion is only open to legal residents of the fifty (50) United States and the District of Columbia, who have a mobile phone enabled with the ability to operate the Foursquare® and/or Facebook® applications.  You must be at least thirteen (13) years of age or older at time of entry.  Employees of Moe’s Franchisor LLC, employees of individual Moe’s Southwest Grill® restaurants and franchisees of Moe’s Franchisor LLC or Administrator, and their respective immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) of, and members of the same household, whether or not related to, Administrator or Sponsor, and each of their respective parents or affiliated companies, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter or win the Promotion or any Phase thereof.  
  4. How to Enter.  You (“Entrant”) must visit www.moes.com/check-in (the “Moe’s Website”) at any time during the Promotion Period and enroll in the Moe’s Southwest Grill® Check-In Club (the “Check-In Club”) by completing the following steps:
  1. Create an Online “Moe’s Profile”:  (a) enter your name, email address, mailing address, and birthdate, (b) create a password, and (c) accept these Official Rules, which also incorporate the Terms of Use for the Check-In Club. The complete Terms of Use for the Check-In Club can be found at www.moes.com/check-in. Note: personal information used to create an online Moe’s Profile is not visible to the public, is only used for purposes of administering the Promotion, and is not shared with any other entities (except among Promotion Entities insofar as necessary to administer the Promotion).  To learn about how Moe’s uses, stores, and maintains personal information visit the Privacy Policy at: http://www.moes.com/privacy_policy/
  2. Link Moe’s Profile to Foursquare® or Facebook®:  Entrant is free to link their Moe’s Profile to either the Foursquare service or Facebook as follows:

Foursquare:  You must be a registered member of the Foursquare service (available at www.foursquare.com). If you are not a registered member of Foursquare, you must (1) visit www.foursquare.com to register for free and download the free smart phone application; or (2) download the application and register through the application. Registration for and use of the Foursquare system and other Foursquare applications are subject to the Foursquare terms and conditions. Promotion Entities have no responsibility with respect to such registration or use. Once a member, link your Moe’s Profile to Foursquare by selecting the “LINK” button next to the Foursquare icon on your “Edit Profile” page on the Moe’s Website.  Follow the prompts to allow Foursquare to share information with your Moe’s Profile.

Facebook:  You must be a registered member of Facebook (available at www.facebook.com). If you are not a registered member of Facebook, you must (1) visit www.facebook.com to register for free and download the free smart phone application; or (2) download the application and register through the application. Registration for and use of Facebook and other Facebook applications are subject to the Facebook terms and conditions. Promotion Entities have no responsibility with respect to such registration or use.  Once a member, you must link your Moe’s Profile to Facebook by selecting the “LINK” button next to the Facebook icon on your “Edit Profile” page on the Moe’s Website.  Follow the prompts to allow Facebook to share information with your Moe’s Profile.

  1. Earn Chips:  Entrant can then take any of the steps below to earn points, or “chips” (each a “Chip”).  Each Chip equals one (1) entry (“Entry”) into the Promotion. Chips earned will also be stored in the Entrant’s account with the Check-In Club.  Note: while a smartphone is necessary for checking-in through the Foursquare and Facebook applications, submission of an Entry into the Promotion is not conditioned upon checking-in; the first five (5) ways to earn Chips below can be done online through the traditional Moe’s Website.

Ways to Earn Chips:

  1. Creating a Moe’s Profile = 1 Chip
  2. Uploading a Moe’s Profile Photo = 1 Chip
  3. Completing additional Moe’s Profile questions = 1 Chip
  4. Sharing the Promotion via Facebook or Twitter® = 1 Chip per share, per week
  5. Each Facebook or Foursquare friend that enters through your share (described above) = 1 Chip
  6. Checking-in to a Moe’s restaurant location (as described below) = 1 Chip (limit up to 2 check-ins per day)
  7. Leaving a “tip” (i.e., comment) for other users with your Foursquare check-in = 1 Chip
  8. Uploading a photo with your Foursquare check-in = 1 Chip
  9. Checking in on “Moe Monday” = 2 Chips (limit up to 2 Moe Monday check-ins per day)
  10. Checking in for the first time in a new state = 1 Chip
  11. Checking in on a “Double Chip Day” (notification of Double Chip Days will be sent via email when they occur) = 2 Chips per check-in (limit up to 2 Double Chip Day check-ins per day)

The term “check-in” as used in these Official Rules is used to refer to a Foursquare check-in or a Facebook check-in, as described herein.  In order to "check-in" to a Moe’s restaurant location (“Restaurant”), Entrant must be in or immediately adjacent to the Restaurant’s perimeter and use his/her smartphone to access the Foursquare system or the Facebook application and follow the application’s instructions to check-in to the location that corresponds to the Restaurant that Entrant is in or adjacent to.  

  1. General Entry Conditions.   In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Foursquare account or Facebook account (whichever is linked to the Entrant’s Moe’s Profile on the Moe’s Website) will be deemed to be the Entrant and he/she must comply with these Official Rules.  The potential Winners (as defined below) may be required to show proof of being the authorized account holder.  The "authorized account holder" is the natural person assigned to either the Foursquare account by Foursquare, or the Facebook account by Facebook.  All entries will be provided to and become the property of the Sponsor and will not be acknowledged or returned.  Entrant acknowledges and agrees that all information submitted by Entrant in connection with the Promotion may be shared by the recipient Promotion Entity with all other Promotion Entities.  Submitting mass check-ins/entries or check-ins/entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Entrant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor.  Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law.  Entries delayed past the Promotion Period will not be accepted and will be destroyed.
  2. Conditions of Moe’s Profile Photos and Other Photos.  Any Photos uploaded on Entrant’s Moe’s Profile or as part of a check-in must not contain material that:
  1. Contains or depicts someone drinking alcoholic beverages, smoking, or intoxicated;
  2. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
  5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, hateful, tortuous, slanderous or libelous;
  6. References persons or organizations without their written permission;
  7. Disparages persons or organizations associated with Sponsor;
  8. Includes threats to any person, place, business, or group;
  9. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

Any Photo that does not comply with the above restrictions or any other requirement herein will subject the uploading Entrant to disqualification and Sponsor reserves the right at its sole discretion to remove any Photo if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.  Photos must be suitable for presentation in a public forum, in sole determination of Sponsor. 

All trademarks are property of their respective owners, and are herein used for purposes of Promotion description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Promotion by the owners of said trademarks.

  1. Winner Selection & Odds of Winning.  During each Phase, there will be one (1) Grand Prize Winner (each a “Grand Prize Winner”) and five (5) Runner-Up Winners (each a “Runner Up Winner”).
  1. Phase 1 Winner Selection:  On or about September 26, 2012, Administrator will select one (1) Grand Prize Winner and five (5) Runner-Up Winners from among all eligible Entries through random drawing. Odds of being selected as a Grand Prize Winner or Runner-Up Winner will depend on the total number of eligible Entries received.

  1. Phase 2 Winner Selection:  On or about January 19, 2013, Administrator will select one (1) Grand Prize Winner and five (5) Runner-Up Winners from among all eligible Entries through random drawing. Odds of being selected as a Grand Prize Winner or Runner-Up Winner will depend on the total number of eligible Entries received.
  1. Promotion Winner Notification.  Potential winners will be notified via phone, e-mail or certified mail, at Sponsor’s discretion, within ten (10) days of the date of the random drawing(s) or as soon thereafter as reasonably practicable. Potential winners must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within seven (7) days of receiving notification. Awarding any prize is subject to verification of potential winner’s eligibility and full compliance with these Official Rules. Except where prohibited, a selected potential winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within seven (7) days of receiving the Affidavit and Release. Only after the Affidavit and Release is received by Sponsor or designated agent will a potential winner become an “Official Winner” for purposes of this Promotion.  Failure to return the signed Affidavit and Release within seven (7) days following the date of delivery thereof may result in forfeiture of the prize. If Winner is a minor in his or her state of residence, the prize will be awarded to the minor's parent or legal guardian and the parent or legal guardian will be required to complete, sign and return the Affidavit and Release within the same time period outlined above. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If (1) a potential winner cannot be contacted as specified above; (2) he/she fails to return the signed Affidavit and Release by the deadline specified above; (3) any notification is returned as undeliverable; or (4) a potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified and forfeit the prize and an alternate winner may be randomly selected in his/her place from among all remaining eligible Entries.  Up to three (3) alternate winner drawings may be conducted for each unawarded Promotion prize, after which the prizes will remain unawarded. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, the advertised number of prizes in the relevant category/ies will be awarded to entrants selected according to the process outlined under Section 5 of these Official Rules.  Under no circumstances will more than the advertised number of prizes be awarded.

  1. Promotion Prizes.  Exactly twelve (12) Prizes will be awarded in connection with this Promotion as follows:

  1. Phase 1 Prizes:

  1. One (1) Phase 1 Grand Prize Winner (the “Phase 1 Grand Prize Winner”) will receive a five hundred dollar ($500 USD) Moe’s Southwest Grill® gift card with an Approximate Retail Value (“ARV”) of $500 USD.

  1. Five (5) Runner-Up Winners (each a “Phase 1 Runner-Up Winner”) will each receive one (1) one hundred dollar ($100 USD) Moe’s Southwest Grill® gift card, each with an ARV of $100 USD.  Total ARV of all Phase 1 Runner-Up Prizes: $500 USD.

Total ARV of all Phase 1 Prizes: $1,000 USD.

  1. Phase 2 Prizes:

  1. One (1) Phase 2 Grand Prize Winner (the “Phase 2 Grand Prize Winner”) will receive a five hundred dollar ($500 USD) Moe’s Southwest Grill® gift card with an ARV of $500 USD.

  1. Five (5) Phase 2 Runner-Up Winners (each a “Phase 2 Runner-Up Winner”) will each receive one (1) one hundred dollar ($100 USD) Moe’s Southwest Grill® gift card, each with an ARV of $100 USD.  Total ARV of all Runner-Up Prizes for Phase 2: $500 USD.

Total ARV of all Phase 2 Prizes: $1,000 USD.

Total ARV for all Promotion Prizes: $2,000 USD.

  1. Prize Limitations and Conditions.  Prizes may not be substituted for cash. All prizes under this Promotion are awarded "AS IS".  Neither Sponsor nor Administrator make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion.  Prizes consist only of the items listed herein, are non-transferable, with no cash redemption, substitution or extension except at Sponsor's sole discretion.  Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each Winner.  Gift cards are subject to the limitations, terms and conditions of the issuer, including expiration date or additional service fees. If any winner is an otherwise eligible minor, the prize will be awarded in the name of his or her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners as set forth herein.  Limit one (1) prize per household.  Allow 6-8 weeks for delivery of prize.  
  2. Publicity & Marketing.  By accepting prizes, winners agree that Sponsor may use each winner's name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All personal information that Entrants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For Sponsor’s on-line privacy policy, please visit http://www.moes.com/privacy_policy/.  
  3. No Liability & Indemnification.  Sponsor and Administrator are not responsible for and entrants release Sponsor and Administrator from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the entrant’s ability to submit an entry, claim or collect a prize, or otherwise participate in this Promotion, or either’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Promotion in the manner intended.  Entrants further release and agree to indemnify Sponsor, Administrator, and their subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Promotion including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant, Sponsor or Administrator. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners.  Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor and/or Administrator. As a condition of participating, entrants agree that (1) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.

  1. Other Terms.

  1. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to modify, cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant’s ability to participate and/or redeem prizes in the Promotion.  Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution:  Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrants to the fullest extent of the law.

  1. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action.

  1. Request for Names of Prize Winners and Official Rules.  For a list of winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Moe’s Southwest Grill® Take the Queso to the Banko Sweepstakes c/o Brandmovers, PO Box 94079, Atlanta, GA 30377. All requests for a copy of the Official Rules and the names of prize winners must be made by February 28, 2013. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.” Residents of Vermont requesting a copy of the Official Rules may omit return postage.
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