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    Terms and Conditions

    MOE’S SOUTHWEST GRILL® GRADUATION CONTEST
    OFFICIAL RULES

    NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. You are not yet a winner. The Moe’s Southwest Grill® Graduation Contest (the “Contest”) starts at 9:00 am Eastern Standard Time (“EST”) on May 7, 2019 and ends at 11:59:59 pm EST on June 14, 2019 (the “Promotional Period”). The Contest is governed by these Official Rules (the “Rules”), and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void where prohibited or restricted by law.

    1. SPONSOR:

      The sponsor of the Contest is Moe’s Franchisor SPV LLC (“Moe’s” or “Sponsor”).

      This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering this Contest, Entrants release Sponsor, and Instagram, and any of their related entities and officers, directors, employees and agents of each, from any and all claims, losses, liabilities, damages, or injuries arising out of or related to this Contest or the prizes awarded. Any questions, comments or complaints regarding this Contest must be directed to the Sponsor and not to Instagram.

    2. ELIGIBILITY:

      THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE HIGH SCHOOL OR COLLEGE SENIOR STUDENTS AND AT LEAST 17 YEARS OF AGE OR OLDER. YOU MUST BE A MEMBER OF THE MOE REWARDS APP TO ENTER THIS CONTEST. VALID EMAIL ADDRESS AND INTERNET ACCESS REQUIRED.

      Employees of Sponsor, individual Moe’s Southwest Grill® restaurants and Sponsor’s franchisees, and their respective immediate families or persons residing in the same household of such employees, are ineligible to enter and win (collectively, the “Promotion Entities”). “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year.

      Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Winning a Prize is contingent upon fulfilling the requirements set forth herein. Winners may be required to provide proof of identification and eligibility as required by Sponsor.

    3. OBJECT:

      The object of the Contest is for you (“Entrant”) to design a creative high school graduation cap inspired by your love of the Moe’s Southwest Grill brand. You will post a photo of your cap to your Instagram account (“Entry”) with the hashtag #moesgradand tagging @MoesSouthwestGrill. At the end of the Promotional Period, Sponsor will select three (3) top Entrants (“Winners”) from the Entries received during the Promotional Period. On June 26, 2019, Moe’s will announce three (3) Winners as set forth below.

      Any questions, comments or complaints regarding this Contest must be directed to the Sponsor.

    4. HOW TO ENTER:

      Entrants must have a valid Instagram account at the time of Entry during the Promotional Period. Instagram accounts may be created free of charge. Creation of an Instagram account requires Entrants to agree to the Instagram terms of service and privacy policy set forth by Instagram available at https://instagram.com/about/legal/privacy/.

      Entrants must be a member of the Moe Rewards app at the time an Entry is submitted during the Promotional Period. If not already a member, Entrants must download the Moe Rewards App (the “App”) and sign up and register for the Moe Rewards program (the “Program”) at https://www.moes.com/rewards or download the free Moe Rewards App (the “App”) on the Google Play or Apple Store, and follow the enrollment instructions. All Moe Rewards members are subject to and agree to the terms and conditions available at https://www.moes.com/rewards/terms.

      To enter, Entrants must submit their Entry pursuant to Section 3 above and to the Content Restrictions (as set forth in Section 8 below). By fully completing and submitting all required information as directed, you will be entered in the Contest. Online Entry only through Instagram will be accepted. No other method of Entry will be accepted. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Entry. All information submitted by participants in connection with the Contest is subject to, and will be treated in a manner consistent with, moes.com Terms of Use accessible at: http://www.focusbrands.com/legal and Privacy Policy accessible at: http://www.focusbrands.com/privacy-policy. Incomplete and/or inaccurate Entries are void. All Entries must be submitted in English. Any Entry that does not comply with the entry requirements, Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. Sponsor reserves the right in its sole and exclusive business judgment to disqualify any Entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.

      An Entrant can submit only one (1) Entry during the Promotional Period, and can only win the Contest one (1) time. In the event that there are more Prizes than Entries at the end of the Promotional Period, Sponsor reserves the right to extend the Promotional Period.

      Odds of winning depend on the number and quality of the Entries received. Winner selection is under the sole discretion and supervision of Sponsor, whose decisions are final and binding in all respects.

    5. PRIZES / APPROXIMATE RETAIL VALUE (“ARV”):

      Sponsor and its panel of judges will review all Entries submitted throughout the Promotion Period and will choose three (3) Winners (“Winners”) based upon the following criteria: show of brand love and creativity. Sponsor will then rank the Winners from 1st to 3rd place and award the prizes (collectively, the “Prize”) as set forth below:

      • 1st Place Winner: Four (4) years of free Moe’s Queso; One (1) cup of Moe’s Queso per week for 208 weeks, which will be fulfilled by depositing an amount of money equal to one (1) cup of Moe’s queso into the 1st place Winners Moe Rewards account each week.
      • 2nd Place Winner: Two (2) years of free Moe’s Queso; One (1) cup of Moe’s Queso per week for 104 weeks, which will be fulfilled by depositing an amount of money equal to one (1) cup of Moe’s queso into the 1st place Winners Moe Rewards account each week.
      • 3rd Place Winner: One (1) years of free Moe’s Queso; One (1) cup of Moe’s Queso per week for 52 weeks, which will be fulfilled by depositing an amount of money equal to one (1) cup of Moe’s queso into the 1st place Winners Moe Rewards account each week.

      The total ARV of the Prizes is $ 1,750.

      All other expenses not specifically listed herein are solely the Winner’s responsibility. Prize subject to any and all applicable terms and conditions. Any depictions of Prizes are for illustrative purposes only. All federal, state and local taxes on the Prize are the sole responsibility of the Winner. No transfer, refund, substitution, or replacement of Prizes permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal or greater value (or cash equivalent). Any portion of the Prize not accepted or unclaimed and/or unused by the Winner will be forfeited and will not be substituted. Prize is not assignable or transferable. Winner may not substitute Prize.

    6. NOTIFICATION: The Winners will be notified by email sent to the email address associated with the Winners’ Moe Rewards account on Sponsor on June 26, 2019. Such notification will include instructions for claiming the Prize and coordinating Prize delivery with the Winners. 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 Winner’s eligibility and full compliance with these Official Rules. If (i) a Winner cannot be contacted as specified above or does not respond as required; (ii) any notification is returned as undeliverable; or (iii) a Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the Winner will be disqualified and forfeit the Prize and, Sponsor may, in its sole discretion, award the prize to an alternate winner. Under no circumstances will more than the advertised number of Prizes be awarded. Except where prohibited, Winners 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”) and a completed and signed IRS Form W-9 (“W-9”) within twenty-four (24) hours of receiving such documents from Sponsor. Failure to return the signed Affidavit and Release and W-9 within twenty-four (24) hours following the date of delivery thereof may result in forfeiture of the Prize.
    7. PRIVACY: Sponsor may collect personal data from Winners, and this information will be used for the purposes of administering the Contest, publicizing the Contest and other promotional purposes that benefit Sponsor. Information collected from Winners is subject to Sponsor’s privacy policy, which can be found at http://www.focusbrands.com/privacy-policy.
    8. CONTENT RESTRICTIONS. Entrants 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 showing violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the Sponsor, affiliates or their owners and employees or franchisees; (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.
    9. ADDITIONAL TERMS:

      Sponsor, Sponsor’s parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility with regard to: (i) Entries that contain inaccurate information or do not comply with these Rules; (ii) Entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (iv) any inability of the Winner to accept the Prize for any reason; (v) if a Prize cannot be awarded due to travel delays or interruptions due to Acts of God, natural disasters, terrorism or weather; or (vi) any damages or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in this promotion or any promotion or Prize related activities. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of this promotion or otherwise violating these Rules. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events outside its control compromise the integrity or viability of the Contest, Sponsor reserves the right to void the Entries at issue, modify the Contest and/or terminate the relevant portion of the Contest, including the entire Contest.

      Except where prohibited by law, by submitting an Entry and/or accepting the Prize, Entrants and Winner agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of Sponsor, Entrants, and Winner shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of laws of any jurisdiction. Entrants and Winner agree that any action at law or in equity arising out of or relating to this Contest or awarding of the Prize, shall be filed only in the state or federal courts located in the State of Georgia and Entrant and Winner hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, Entrant and Winner agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the Prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. If any provision of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

    10. WINNERS LIST: The names of the Winners will be available until July 26, 2019 by sending a request, together with a self-addressed, postage-paid envelope, to: Moe’s Franchisor SPV LLC, Moe’s Southwest Grill® Graduation Contest, 5620 Glenridge Drive NE, Atlanta, Georgia 30342.

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