The “Moe’s Spicy Shack” Promotion
Terms and Conditions
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. The “Moe’s Spicy Shack” Promotion (the “Promotion”) begins on or about April 12, 2022 at 12:00 p.m. Eastern Time (“ET”) and ends on the earlier of (i) when the “Cap” is reached at each “Participating Location” (as each term is defined below); or (ii) April 25, 2022 at 5:59 p.m. (the “Promotion Period”). The Sponsor of this Promotion is Moe’s Franchisor SPV LLC, 5620 Glenridge Drive NE, Atlanta, GA 30342 (“Sponsor”). By participating in the Promotion entrants agree to be bound by these terms and conditions (“Terms”). During the Promotion Period, eligible participants will have the opportunity to reserve the “Spicy Shack” an Airbnb dwelling located in Miami, Florida, for two (2) people for either two or three nights (each, a “Reservation”) including travel vouchers in the amount of $1000 per participant to get to and from the Spicy Shack, a spicy chicken kit, and a gift bag (the “Experience”).
There are four (4) Reservations available dates and days are set forth below:
- Weekend 1: 5/5/22-5/8/22 (three nights)
- Weekend 2: 5/13-5/15 (two nights)
- Weekend 3: 5/20/22-5/22/22 (two nights)
- Weekend 4: 5/27/22-5/31/22 (three nights)
To make a Reservation, during the Promotion Period, eligible participants must go through Airbnb at: Spicy Shack by Moe's Southwest Grill (the “Website”) and to make a Reservation. Reservations require a deposit of $10 which will be reimbursed by Sponsor. Reservations are on a first come, first serve basis for each Weekend. Limit one (1) Reservation per eligible participant.
The Promotion is open only to legal residents of the fifty (50) United States and Washington, D.C., who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions). Each participant must be at least eighteen (18) years of age at the time of entry. All Experience details are at the sole discretion of Sponsor. If the Experience cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater value may be awarded.
In order to redeem the Reservation and participate in the Experience activities each Reservation holder and the Reservation holder’s companion must be: (a) eighteen (18) years of age or older, (b) have done at least two (2) Airbnb stays prior to the Promotion Period, and (c) have a 5-star rating on Airbnb.
The Reservation holder and the Reservation holder’s companion must comply with the House Rules as set forth below:
- Check-in after 4:00 p.m. ET
- Check-out: 10:00 a.m. ET
- No smoking (inside the Spicy Shack or in the garden.)
- No pets
- No parties or events
- Additional people who are the Reservation holder or the Reservation holder’s companion may not enter the Spicy Shack.
The Reservation holder and the Reservation holder’s companion may not bring weapons, flammable substances, illegal narcotics/drugs, tobacco products and cigarettes, alcoholic beverages, lighters/candles/matches with them to the Experience.
At the conclusion of the Experience, the Reservation holder and the Reservation holder’s companion may not take any items form the Spicy Shack that they did not bring with them to the Spicy Shack outside of the Gift Basket.
If the Reservation holder cannot attend the Reservation on the date selected, the Experience may be forfeited in its entirety. If you are unable to arrive during the Reservation, you will forfeit the Reservation and the Experience. Reservations are only valid for the Weekend the Reservation was made. Any and all elements of the Experience will be selected and furnished by (and in the sole discretion of) Sponsor. All expenses not specified herein (including, without limitation, the cost and planning of transportation for the Reservation holder and the Reservation holder’s companion to the Experience outside of the $1,000 per participant travel voucher) are the sole responsibility of the Reservation holder and the Reservation holder’s companion. In the event the Reservation holder and/or the Reservation holder’s companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or is in violation of the House Rules set forth above, Sponsor reserves the right to terminate the Experience early, in whole or in part, and send the Reservation Holder and/or the Reservation holder’s companion home with no further compensation. The Reservation Holder and the Reservation holder’s companion must sign a liability and publicity release before participating in the Experience.
Each participant agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any element of the Experience, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any element of the Experience, including, without limitation, to quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to a participant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Reservations or confirmation notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Reservation process or the operation of the Promotion or the Website, to be acting in violation of these Terms, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. If a dispute as to the identity of the individual who actually submitted a Reservation cannot be resolved to Sponsor’s satisfaction, the affected Reservation may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible Reservation are received and/or Sponsor is prevented from awarding Experience or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Promotion. Only the type and quantity of Reservations described in these Terms will be awarded. These Terms cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Atlanta, Georgia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com .
“Moe’s Spicy Shack” Promotion is not sponsored, endorsed or administered by, or associated with AirBnB.
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