Moe's Southwest Grill® Rally Cry Photo Contest
The following content constitutes the Official Rules for the Moe's Southwest Grill® Rally Cry Photo Contest ("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 16 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
1. Promotion Period. The Moe's Southwest Grill® Rally Cry Photo Contest (the "Promotion") commences at 12:00:01 AM Eastern Standard Time ("ET") on January 20, 2014, and ends at 11:59:59 PM ET on March 31, 2014 (the "Promotion Period"). All entries must be received by 11:59:59 PM ET on March 31, 2014.
2. Administrator & Sponsor. The Promotion is administered and sponsored by Moe's Franchisor LLC ("Moe's" or "Sponsor").
3. Object. The object of the Promotion is to create an original video in which you (the "Entrant") and/or other participants shout the Moe's rally cry, "WELCOME TO MOE'S!" and display the words "WELCOME TO MOE'S" on screen at some point in the video (the "Entry"). You must post your Entry via a public Instagram® account and include the hashtag #welcometomoes (the "Hashtag"), in accordance with these Official Rules to be eligible. One (1) or more representative(s) of Moe's (the "Judge(s)") will select the most compelling Entry in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winner (defined below).
4. Eligibility. The Promotion is only open to legal residents of the fifty (50) United States and the District of Columbia, who are at least sixteen (16) years of age or older at time of entry with a valid Instagram account and a valid email address at the 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.
6. General Entry Conditions. Entries limited to one (1) Entry per participant during the Promotion Period. Multiple participants are not allowed to use the same email address. Any attempt by a participant to acquire more than one (1) Entry by using numerous email addresses, registrations, identities, or any other methods will void that participant's entries and that participant may be disqualified. The use of automated software or computer programs to register or enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Instagram account 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 the Instagram account by Instagram. 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. 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.
7. Content Restrictions. Participants must not include any of the following content (the "Content Restrictions") in any Entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the Promotion Entities or their owners and employees; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) 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, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Entry is created. Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
8. Judging. During the Promotion, there will be fifty (50) first prize winners (each a "First Prize Winner") and five (5) grand prize winners (each a "Grand Prize Winner").
The Judges will judge all eligible Entries based on the following criteria: Creativity/Originality (33%), Quality of photo/video (33%), and Relevance to contest theme (33%).
On or about April 30, 2014, the fifty five (55) most compelling Entries, as determined by the Judges, will be deemed the winning Entries. Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible participants that submitted the top five (5) highest ranked Winning Entries, as determined by the Judges, will be the Grand Prize Winners. Subject to verification of eligibility and compliance with the terms of these Official Rules, the eligible participants that submitted the next fifty (50) highest ranked Winning Entries, as determined by the Judges, will be the First Prize Winners. In the event of a tie for any potential winning Entry, the score for Originality theme will be used as a tiebreaker.
9. Promotion Winner Notification. Potential winners will be notified via e-mail or other method, at Sponsor's discretion, within ten (10) days of the date of the Entry scoring 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.
10. Promotion Prizes. Exactly fifty five (55) prizes (each, a "Prize") will be awarded in connection with this Promotion as follows:
- A. Five (5) Grand Prize Winners will receive a two hundred fifty dollar ($250 USD) Visa® gift card with an Approximate Retail Value ("ARV") of $250 USD. Total ARV of all Grand Prizes: $1,250 USD.
- B. Fifty (50) First Prize Winners will each receive various Moe's merchandise valued at $10 USD per First Prize package. Total ARV of all First Prizes: $500 USD.
Total ARV for all Promotion Prizes: $2,500 USD
- C. General Prize Limitations and Conditions. Prizes may be awarded in check or Visa® gift card form, at Sponsor's sole discretion. Prizes may not be substituted for cash. All prizes under this Promotion are awarded "AS IS". Sponsor 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 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. Taxes on and in connection with all prizes are the sole responsibility of each Winner; Sponsor or its designated agent may issue an IRS Tax Form 1099 to the winners for prizes with an ARV of $600 or more. 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) Winner per household. Allow 6-8 weeks for delivery of prize. All trademarks are property of their respective owners, and are herein used for purposes of prize description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
12. No Liability & Indemnification. Sponsor and Instagram are not responsible for and Entrants release Sponsor and Instagram 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, Instagram 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 Instagram. Sponsor and Instagram disclaim 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. 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.
13. Other Terms.
- A. 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. The laws of the State of Georgia shall exclusively govern the Promotion.
- B. 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.
14. 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® Rally Cry Photo Contest, 200 Glenridge Point Parkway, Suite 200, Atlanta, GA 30342. All requests for a copy of the Official Rules and the names of prize Winners must be made by May 30, 2014. 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.