Moe’s Southwest Grill® Check-In Club
You shall not:
- Provide any false personal information to Moe’s (including a false User Name) or create any account for anyone other than yourself without such person's permission;
- Use a User Name that is the name of another person with the intent to impersonate that person;
- Use a User Name or Moe’s account that is subject to any rights of a person other than you without appropriate authorization; or
- Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Moe’s reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Moe’s password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Moe’s in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
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, Moe’s, 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 enroll in the Program.
- Registration. You (“Enrollee”) must visit the Moe’s Website and enroll in the Program by completing the following steps:
- Link Moe’s Profile to Foursquare® or Facebook®: Enrollee 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. Program 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.
- Earn Chips, Achieve Status Levels & Win Prizes.
- Earn Chips. Enrollee can take any of the steps below to earn points, or “chips” (each a “Chip”), which will accumulate and allow the Enrollee to become eligible for prizes. Note: while a smartphone is necessary for checking-in through the Foursquare and Facebook applications, enrollment into the Program 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:
- Creating a Moe’s Profile = 1 Chip
- Uploading a Moe’s Profile Photo = 1 Chip
- Completing additional Moe’s Profile questions = 1 Chip
- Sharing the Promotion via Facebook or Twitter® = 1 Chip per share, per week
- Each Facebook or Foursquare friend that enters through your share (described above) = 1 Chip
- Checking-in to a Moe’s restaurant location (as described below) = 1 Chip (limit up to 2 check-ins per day)
- Leaving a “tip” (i.e., comment) for other users with your Foursquare check-in = 1 Chip
- Uploading a photo with your Foursquare check-in = 1 Chip
- Checking in on “Moe Monday” = 2 Chips (limit up to 2 Moe Monday check-ins per day)
- Checking in for the first time in a new state = 1 Chip
- 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)
- Status Levels. Through checking-in and accumulating Chips, you will achieve different status levels (each a “Status Level”) and you will win the following prizes (“Prizes”):
Number of Check-ins Needed
Free Queso (email coupon)
Free Song Download
Free Burritos for a Year*
*Free burritos for a year will be awarded via a $300 Moe’s gift card.
- Prize Limitations and Conditions. Prizes may not be substituted for cash. All Prizes under this Program are awarded "AS IS". Moe’s does not 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 Program 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 Moe’s sole discretion. Prizes consist only of the items listed herein, are non-transferable, with no cash redemption, substitution or extension except at Moe’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. 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. Moe’s reserves the right to limit number of Prizes won per household. Allow 6-8 weeks for delivery of prize.
- Moe’s Content.
The Program contains Content specifically provided by Moe’s or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Program.
- User Submissions; Publicity & Marketing.
We may use your User Submissions in a number of different ways in connection with the Moe’s Website, Program and Moe’s business as Moe’s may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Moe’s Website or otherwise through the Program, you hereby do and shall grant Moe’s a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Moe’s Website, the Program and Moe’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Moe’s Website (and derivative works thereof) or the Program in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Moe’s Website and/or the Program, including Third Party Media, a non-exclusive license to access your User Submissions through the Moe’s Website and the Program, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Moe’s Website, Program and Third Party Media. For clarity, the foregoing license grant to Moe’s does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Moe’s.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Moe’s Website is the sole responsibility of the person from which such Content originated; that Moe’s will not be liable for any errors or omissions in any Content; and that Moe’s cannot guarantee the identity of any other users with whom you may interact in the course of using the Program.
When you delete your User Submissions, they will be removed from the Program. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
- Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Program, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Moe’s in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Moe’s or any third party;
- impersonates any person or entity, including any employee or representative of Moe’s;
- includes anyone's identification documents or sensitive financial information; or
If the User Submission includes a photograph, Moe’s photo restrictions shall apply (detailed below). Moe’s has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Moe’s in its sole discretion) an unreasonable or disproportionately large load on Moe’s's (or its third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Program or any activities conducted on the Program;
- bypass any measures Moe’s may use to prevent or restrict access to the Program (or other accounts, computer systems or networks connected to the Program);
- run any form of auto-responder or "spam" on the Program;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Moe’s Website;
- harvest or scrape any Content from the Program;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Program or Moe’s Website Content (other than your User Submissions), except as expressly authorized by Moe’s;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Program (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of Moe’s's guidelines and policies.
- Conditions of Moe’s Profile Photos and Other Photos.
Any photos uploaded on Enrollee’s Moe’s Profile or as part of a check-in must not contain material that:
- Contains or depicts someone drinking alcoholic beverages, smoking, or intoxicated;
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- 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;
- 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);
- 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;
- References persons or organizations without their written permission;
- Disparages persons or organizations associated with Moe’s;
- Includes threats to any person, place, business, or group;
- 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 Moe’s reserves the right at its sole discretion to remove any Photo if Moe’s 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 Moe’s.
- Third Party Sites and Services.
The Program may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Moe’s Website. When you access third party websites, you do so at your own risk. These other websites are not under Moe’s's control, and you acknowledge that Moe’s is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Moe’s or any association with its operators. You further acknowledge and agree that Moe’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
- Warranty Disclaimer.
Except to the extent required by law, Moe’s has no special relationship with or fiduciary duty to you. You acknowledge that Moe’s has no control over, and no duty to take any action regarding: which users gain access to the Program; what Content you access via the Program; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Moe’s from all liability for you having acquired or not acquired Content through the Program. The Program may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Moe’s makes no representations concerning any Content contained in or accessed through the Program, and Moe’s will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Program.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Program, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Program. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Program, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE MOE’S WEBSITE, PROGRAM, CONTENT AND PRIZES ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
MOE’S, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PROGRAM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, PROGRAM, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- No Sponsorship or Endorsement. 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.
- Contact. You may contact Moe’s at the following address: 200 Glenridge Point Parkway, Suite 200, Atlanta, Georgia 30342.