On Tour with Moe's

Terms of Use

Moe’s Southwest Grill® Check-In Club

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY MOE’S FRANCHISOR LLC ("MOE’S"), A GEORGIA LIMITED LIABILITY COMPANY. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.MOES.COM/CHECK-IN (THE "MOE’S WEBSITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY MOE’S (COLLECTIVELY WITH THE MOE’S WEBSITE, THE "PROGRAM").

  1. Acceptance of Terms. By registering for and/or using the Program in any manner, including but not limited to visiting or browsing the Moe’s Website, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate the Moe’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Moe’s Website by Moe’s, each of which is incorporated by reference and each of which may be updated by Moe’s from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Program may be subject to additional terms and conditions specified by Moe’s from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Program, including, without limitation, users who are contributors of content, information, and other materials or services on the Moe’s Website, individual users of the Program, venues that access the Program, and users that have a page on the Program.

  1. Access. Subject to these Terms of Use, Moe’s may offer to provide the Program, as described more fully on the Moe’s Website, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. The Program shall include, but not be limited to, any services Moe’s performs for you, any applications or widgets offered by Moe’s that you download from the Moe’s Website or, subject to the terms set out under the "Third Party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Moe’s, as well as the offering of any materials displayed or performed on or through the Program (including Content (as defined below)).

  1. Eligibility. You may browse the Moe’s Website and view Content without registering, but as a condition to using certain aspects of the Program, you are required to register with Moe’s and represent, warrant and covenant that you provide Moe’s with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Program) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Moe’s account.

You shall not:

  1. 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;
  2. Use a User Name that is the name of another person with the intent to impersonate that person;
  3. Use a User Name or Moe’s account that is subject to any rights of a person other than you without appropriate authorization; or
  4. 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.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Program. The Program 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.  Moe’s may, in its sole discretion, refuse to offer the Program to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Program is revoked where these Terms of Use or use of the Program is prohibited and, in such circumstances, you agree not to use or access the Moe’s Website or Program in any way.

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.

  1. Registration.  You (“Enrollee”) must visit the Moe’s Website and enroll in the Program 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 Terms of Use. 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/ (the “Moe’s Privacy Policy”).
  2. 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.

  1. Earn Chips, Achieve Status Levels & Win Prizes.

  1. 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:

  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 Terms of Use 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 Enrollee is in or adjacent to.  

  1. 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”):

Status Level

Number of Check-ins Needed

Prize Awarded

Newbie

1

Free Queso (email coupon)

Roadie

25

Free Song Download

Rock Star

100

Free T-Shirt

Rock God

500

Free Burritos for a Year*

*Free burritos for a year will be awarded via a $300 Moe’s gift card.

  1. Program Prize Winner Notification.  Potential winners will be notified via phone, e-mail or certified mail, at Moe’s discretion, within ten (10) days of the date of the Check-In that increased the Enrollee’s Status Level to that which receives a Prize in accordance with these Terms of Use, or as soon thereafter as reasonably practicable. Potential winners must follow instructions given by Moe’s 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 Terms of Use. Except where prohibited, a selected potential winner may be required to complete and return to Moe’s 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 Moe’s 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 Moe’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Moe’s reserves the right to substitute any Prize with a 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 Moe’s sole discretion, the potential winner will be disqualified and forfeit the Prize.  

  1. 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.  
  2. Content.  All Content (as defined below), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Moe’s cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Program is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, "shouts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Moe’s on or through the Program. Content added, created, uploaded, submitted, distributed, or posted to the Program by users is collectively referred to as, "User Submissions."

  1. 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.

Subject to these Terms of Use, Moe’s grants each user of the Site and/or Program a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Moe’s, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

  1. 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.

By accepting Prizes, winners agree that Moe’s 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 Enrollees submit will be subject to Moe’s privacy policy. In the event of any discrepancy between Moe’s privacy policy and these Terms of Use, the privacy policy will govern and control. For Moe’s online privacy policy, please visit http://www.moes.com/privacy_policy/.  

  1. Rules and Conduct.

As a condition of use, you promise not to use the Program for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Program. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

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:

  1. 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;
  2. you know is false, misleading, untruthful or inaccurate;
  3. 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;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  5. 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;
  6. impersonates any person or entity, including any employee or representative of Moe’s;
  7. includes anyone's identification documents or sensitive financial information; or
  8. breaches the Moe’s Privacy Policy and/or any of the other policies and rules incorporated herein.

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):

  1. 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;
  2. interfere or attempt to interfere with the proper working of the Program or any activities conducted on the Program;
  3. 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);
  4. run any form of auto-responder or "spam" on the Program;
  5. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Moe’s Website;
  6. harvest or scrape any Content from the Program;
  7. 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;
  8. 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;
  9. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  10. otherwise take any action in violation of Moe’s's guidelines and policies.

Moe’s does not guarantee that any Content or User Submissions (as defined above) will be made available on the Moe’s Website or through the Program. Moe’s has no obligation to monitor the Moe’s Website, Program, Content, or User Submissions. However, Moe’s reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Moe’s is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Program. Moe’s also reserves the right to access, read, preserve, and disclose any information as Moe’s reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Moe’s, its users and the public.

  1. 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:

  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 Moe’s;
  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 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. 

  1. 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.

  1. Termination.

Moe’s may terminate your access to all or any part of the Program at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Moe’s Website. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. 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.

  1. No Liability & Indemnification.  Moe’s is not responsible for and Enrollees release Moe’s from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the Enrollee’s ability to enroll in the Program, claim or collect a Prize, or otherwise participate in the Program, or either’s ability to include all eligible check-ins  or otherwise execute this Program in the manner intended.  Enrollees further release and agree to indemnify Moe’s and its 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 Program including, but not limited to: (a) the receipt, ownership or use of any Prize awarded; (b) any typographical or other error in these Terms of Use or any other materials disseminated by Moe’s; 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 Enrollee or Moe’s. Moe’s disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners.  Enrollees assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Moe’s. As a condition of participating, Enrollees agree that (1) under no circumstances will any Enrollee 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 Program, 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 Program, but in no event attorney’s fees.

  1. Governing Law.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Georgia. Use of the Program is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).

  1. Integration and Severability.  These Terms of Use are the entire agreement between you and Moe’s with respect to the Program and use of the Moe’s Website, Program, Content, or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Moe’s with respect to the Moe’s Website. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Moe’s must provide you with written notice of such waiver through one of its authorized representatives.

  1. Modification of Terms of Use.  Moe’s reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Program (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Moe’s Website or by sending you notice through the Program or via email. Moe’s may also impose limits on certain features and services or restrict your access to parts or all of the Program without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Program following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

  1. Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive services, and/or provide User Submissions, and/or provide or access Content via the Moe’s Website, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) ("Directive") within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Program, and/or provision of the User Submissions, and/or provision or access of Content via the Moe’s Website by such users.

  1. Miscellaneous.

Moe’s shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moe’s's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Moe’s's prior written consent. Moe’s may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

  1. 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.

  1. Contact.  You may contact Moe’s at the following address: 200 Glenridge Point Parkway, Suite 200, Atlanta, Georgia 30342.
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