Moe’s Southwest Grill® 27 Club Giveaway
The following content constitutes the Official Rules for the Moe’s 27 Club Giveaway (“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 FLORIDA, NEW YORK, RHODE ISLAND AND 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® 27 Club Giveaway (the “Promotion”) commences at 12:00:01 AM Eastern Standard Time (“ET”) on February 1, 2017, and ends at 11:59:59 PM ET on February 7, 2017 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on February 7, 2017. The Sponsor’s computer is the Promotion’s official clock.
2. Sponsor. The Promotion is sponsored by Moe’s Franchisor LLC (“Moe’s” or “Sponsor”).
This Promotion is not sponsored, endorsed or administered by Facebook, Twitter or Instagram nor is Facebook, Twitter or Instagram associated with this Promotion in any way. By entering this Promotion, you understand that you are providing information to the Sponsor of the Promotion and not to Facebook, Twitter or Instagram. Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor and not to Facebook, Twitter or Instagram.
3. Overview. In honor of our new “holiday” on 2/7, celebrating the pioneers of music who passed too soon, Moe’s will award Free Burritos for a Year (in the form of a Moe’s gift card in the amount of $500, which will entitle the recipient to one burrito each week for one (1) year) to twenty-seven (27) winners chosen by random drawing.
4. Eligibility. The Promotion is only open to legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Florida, New York, Rhode Island and Puerto Rico and US territories and possessions), who have access to the internet. You must be at least eighteen (18) 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, and the 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 Sponsor, and its respective parent 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.
5. How to Enter.
During the Promotion Period, an eligible entrant must logon to www.facebook.com/MoesSouthwestGrill, www.instagram.com/moessouthwestgrill, or www.twitter.com/moes_HQ (the “Pages”). To enter the Promotion, simply post an original selfie with our Blues wall art and post to Facebook, Twitter or Instagram using the hashtag #Moes27 during the Promotion Period (“Entry”).
Entries must be received and recorded by Sponsor’s computer during the Promotion Period. Sponsor is not responsible for lost, damaged, misdirected, illegible or incomplete registrations or entries. ALL ENTRANTS MUST HAVE VALID EMAIL ADDRESSES. Winners will be required to provide their valid email addresses to the Sponsor.
Entries will be considered to be entered by the authorized account holder of the email address submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is deemed as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling the requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor.
General Entry Conditions. Entries are unlimited 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 social media platform used to enter the Promotion 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. 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.
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.
6. Winner Selection & Odds of Winning. On or around February 10, 2017, Sponsor will randomly select a total of twenty-seven (27) winners (each, a “Winner”) from among all eligible Entries through random drawing. Odds of being selected as a Winner will depend on the total number of eligible Entries received. Being selected as a Winner will disqualify an Entrant from being selected again as a Winner for the remainder of the Promotion; an Entrant may only win one Prize during the Promotion.
7. 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 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. At Sponsor’s discretion, winners may be required to produce a 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.
8. Promotion Prizes. Exactly twenty-seven (27) prizes will be awarded in connection with this Promotion as follows:
Each Winner will receive a Moe’s Southwest Grill® gift card in the amount of $500.00 US (each, a “Prize”).
Approximate retail value (ARV) of each Prize: $500.00 US
Total ARV of all Promotion Prizes: $13,500.00 US
9. General Prize Limitations and Conditions. Prizes may not be substituted for cash. All prizes under this Promotion are awarded "AS IS". Sponsor makes no offer of 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. 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. Limit one (1) prize per household. Allow 6-8 weeks for delivery of prize.
11. No Liability & Indemnification. Sponsor is not responsible for and Entrants release Sponsor 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 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 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 or Sponsor. 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. 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.
12. Other Terms.
- 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.
- 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.
13. 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® 27 Club Giveaway, 5620 Glenridge Drive NE, Atlanta, GA 30342. All requests for a copy of the Official Rules and the names of prize winners must be made by March 31, 2017. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”