Moe’s Southwest Grill® Summer Fiesta Sweepstakes
The following content constitutes the Official Rules for the Moe’s Southwest Grill® Summer Fiesta Sweepstakes (“Official Rules”):
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD. The Moe’s Southwest Grill® Summer Fiesta Sweepstakes (the “Promotion”) commences at 12:00:01 PM Eastern Standard Time (“ET”) on May 5, 2017, and ends at 11:59:59 PM ET on June 5, 2017 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on June 5, 2017.
2. SPONSOR. The Promotion is sponsored by Moe’s Franchisor LLC (“Moe’s” or “Sponsor”).
This contest is no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. By entering this contest, entrants release Sponsor, Facebook, Instagram, Twitter, 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 Promotion or the prizes awarded. Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor and not to Facebook, Twitter or Instagram.
3. OBJECT. The object of the Promotion is for you (“Entrant”) to submit an original video (the "Entry") telling us why you want Moe’s to cater your summer fiesta. You must submit your Entry by email to firstname.lastname@example.org or post your Entry on Facebook, Twitter or Instagram with the hashtag #moeritamixers (the “Entry”) in accordance with these Official Rules to be eligible. On or before June 15, 2017, Moe’s will select one winner from all eligible entries received. Entries will be judged based on originality and creativity.
4. ELIGIBILITY. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF WASHINGTON, MONTANA, IDAHO, WYOMING, ARIZONA, NEW MEXICO, NEBRASKA, KANSAS, IOWA, ALASKA, MAINE, CALIFORNIA, HAWAII, PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, WHICHEVER IS OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VALID EMAIL ADDRESS AND INTERNET ACCESS REQUIRED. Employees of Moe’s Franchisor LLC, employees of individual Moe’s Southwest Grill® restaurants and franchisees of Moe’s Franchisor LLC, 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 Sponsor, and its 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.
Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
6. GENERAL ENTRY CONDITIONS. Limit one (1) Entry per Entrant during the Promotion Period. If an identical video is submitted as an Entry by two or more Entrants, only the first Entry submitted will be considered an official Entry; duplicative Entries will be disqualified. 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 email address listed at the time of Entry will be deemed to be the Entrant and he/she must comply with these Official Rules. The potential winner (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 authorized email account. 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. WINNER SELECTION & ODDS OF WINNING. On or before June 15, 2017, Sponsor and its panel of judges will review all Entries submitted throughout the Promotion Period. Sponsor will evaluate the Entries and select one (1) winner (“Winner”) based upon the following criteria: creativity and originality. Sponsor will then select one Winner as the Grand Prize Winner. The Winner will be notified at the email address provided on the entry form on June 15, 2017. Odds of winning depend on number and quality of entries received.
9. PROMOTION WINNER NOTIFICATION. 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 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 selected in his/her place from among all remaining eligible Entries. 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 8 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.
10. PRIZES/APPROXIMATE RETAIL VALUE (ARV). Exactly one (1) prize (“Prize”) will be awarded in connection with this Promotion.
· Grand Prize Winner: One (1) Grand Prize Winner will receive a catering from Moe’s Southwest Grill® for a 50-person summer fiesta (ARV US $600.00). Catering will be provided by the Moe’s Southwest Grill® location (“Participating Location”) closest to Winner’s residence at a venue of Winner’s choosing that is within 30 miles of the Participating Location. Catering may include: a choice of a Fajita Bar, Taco Bar or Salad Bar for 50 people at the retail price of $10.00/per person. The Grand Prize Winner is responsible for all other costs and other requirements associated with the fiesta, including rental of the location (if applicable) or any catering items ordered in excess of the amounts specified in this paragraph.
Total approximate retail value (ARV) for all Promotion Prizes: $600.00. SUMMER FIESTA CATERING MUST TAKE PLACE IN JULY 2017.
11. GENERAL PRIZE LIMITATIONS AND CONDITIONS. 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. Limit one (1) Winner per household.
13. 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 Sponsors 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.
14. 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.
15. 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® Summer Fiesta Sweepstakes, 5620 Glenridge Drive NE, Atlanta, GA 30342. All requests for a copy of the Official Rules and the name of the prize Winner must be made by August 31, 2017. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winner.”