#MOESROCKINREALITY CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
1. ENTRY DEADLINES
THE #MoesRockinRealityContest (THE “CONTEST” BEGINS AT 12:00 P.M. EASTERN STANDARD TIME (“EST”) ON FRIDAY, DECEMBER 1, 2017 AND ENDS AT 11:59 P.M. EST ON SUNDAY, DECEMBER 31, 2017 (THE “CONTEST PERIOD”). All Entries must be submitted on or before 11:59:59 p.m. EST on SUNDAY, DECEMBER 31, 2017 to be eligible (the “Submission Period”).
The Sponsor of the Contest is Moe’s Franchisor SPV LLC (“Moe’s” or “Sponsor”), a Delaware limited liability company, having a place of business at 5620 Glenridge Drive NE, Atlanta, GA 30342.
Contest is open only to legal residents of the Atlanta area who are at least 18 years of age. Employees of the Tabernacle, Moe’s Franchisor SPV LLC, employees of individual Moe’s Southwest Grill® restaurants and franchisees of Moe’s Franchisor SPV 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), 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 “Contest Entities”) are not eligible to enter or win the Contest.
Entrants’ agree to be bound by these Official Rules and by the decisions of Sponsor, which is final and binding in all respects.
4. HOW TO ENTER
5. ENTRY RESTRICTIONS
Entries cannot contain or reference any other person or organizations, including any celebrities, in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) without their written permission. In addition, the Entries cannot describe illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate (including, but not limited to nudity or pornography), as determined by Sponsor in its sole discretion. Entries may not contain or depict: (i) any person that is a minor (under the age of 18); (ii) an individual smoking or who is intoxicated; (iii) materials that promote bigotry, racism, hatred, or harm against any group or individual or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) threats to any person, place, business, or group; or (v) unacceptable clothing or adornments, or displays any commercial or corporate advertising or intellectual property (including, but not limited to, corporate logos, brand names, trademarks, slogans, political, personal and/or religious statements). No Entry may disparage Sponsor or persons or organizations associated with Sponsor. Sponsor reserves its right not to post any Entries which are illegal, dangerous, or otherwise obscene or inappropriate or which violate any of the restrictions set forth in this Section 5.
Late Entries and Entries not complying with all rules are subject to disqualification. Sponsor reserves the absolute right to remove any Entry for any reason or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
No correspondence regarding Entries will be acknowledged or entered into with Entrants. Sponsor is not responsible for lost, late, or incomplete Entries, for those who cannot access the Internet or if Entry information is not captured correctly, or for any technical, hardware, software, Internet, virus contamination, network, human error, electronic malfunctions, or any other problems occurring during participation in the Contest or for delay, failure, or malfunction for any reason.
If a dispute arises regarding who submitted an online Entry, the Entry will be deemed to be submitted by the authorized account holder of the social media account used to enter the Contest. “Authorized Account Holder” is defined as the natural person who is assigned to a social media provider, online service provider, or other organization responsible for assigning accounts for the domain associated with the submitted Entry. A selected Entrant may be required to provide Sponsor with proof that he or she is the authorized account holder of the social media account associated with the selected Entry.
6. SELECTION AND NOTIFICATION OF WINNER
On or before November __, 2017, Sponsor and its panel of judges will review all Entries submitted throughout the Submission Period. Sponsor will evaluate the Entries and select one grand prize winner based upon the following criteria: adherence to contest theme and creativity/originality. The winner will be notified by email or by direct message to the social media account used to enter the Contest on or about November __, 2017 (the “Winner”). Sponsor reserves the right in its sole discretion to disqualify any Winner based on information that would indicate that said Winner is not an appropriate Winner of the Contest.
7. PRIZES/APPROXIMATE RETAIL VALUE (ARV)
Sponsor will distribute the prize set forth below.
Grand Prize Winner: Two (2) Tickets to a select 2017 show at the Tabernacle.
Two (2) general admission or reserved tickets to a select 2017 Live Nation produced and promoted concert at Tabernacle in Atlanta, GA. Tickets are redeemable until 12/31/17, or while supplies last. Selection of concert seat locations is solely within Live Nation’s discretion. Tickets to a particular concert are not guaranteed. Tickets are subject to program availability, venue capacity, artist and age restrictions. Winner and guest must abide by all venue policies. Parking, travel and accommodations not included and are the sole responsibility of winner and guest. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Live Nation into disrepute. Winner must select concert within thirty (30) days of winning or forfeits the prize. Resale of tickets is prohibited. Approximate Retail Value of the grand prize is: One Hundred and Eighty dollars and No Cents ($180.00).
In no event shall Sponsor be liable for more than the stated number of prizes set forth herein. Any unclaimed and/unused portion of the prize will be forfeited and will not be substituted. Winner must provide Sponsor with requested information within thirty (30) days of notification or the prize will be forfeited. At the sole discretion of the Sponsor, disqualification or forfeiture may result from any of the following: (1) potential winner’s failure to respond to notification; (2) the failure of notification due to deactivation of the potential winner’s account prior to receipt of notification; (3) potential winner’s account “protected mode” is set so that the potential winner’s updates/responses may not be visible to Sponsor; (4) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residence; (5) potential winner’s failure to validly claim the prize by the deadline specified, and (6) any other non-compliance with these Official Rules. In the event a prize is forfeited, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
By entering or participating in this Contest, Entrants expressly agree and consent to use of Entrant’s name(s), photograph(s), and other biographical information (in whole or in part) for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, without further limitation, restriction or compensation, unless prohibited by law. Submission of an Entry constitutes permission for Sponsor to publish all aspects of the Entry, in any and all media worldwide without limitation or additional compensation to Entrant and to use the submitted information, including for purposes of marketing and promotion, subject to Sponsor’s privacy policies and to the extent permitted by law. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all Entries and all other submitted materials related to the Contest, including those submitted by non-winners and winners.<7p>
Entrants agree to release, defend, indemnify and hold harmless each of Sponsor, Live Nation Worldwide, Inc. (“Live Nation”), Facebook, Twitter, Instagram, and each of their employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrants in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Entrant’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
All federal, state and local taxes are the sole responsibility of the Winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600, if applicable. Any unspecified expenses, and incidental items related to the acceptance/use of prize are solely the responsibility of the Winner. No transfer or substitution of prizes permitted. Sponsor is not liable for award of any prize to Entrants who have violated these Official Rules, or committed fraud or deception in entering or participating in the Contest or claiming the prize. Contest subject to all federal, state, provincial and local laws and is void wherever prohibited by law. By participating, Entrants agree to release and hold harmless Facebook, Instagram, Sponsor, Live Nation, Twitter, and their subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress) and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
9. ADDITIONAL TERMS
Sponsor, Live Nation, Facebook, Instagram, Twitter, and each of their respective 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 a winner to accept the prize for any reason; (v) if a prize cannot be awarded due to 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 Contest 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 Contest 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. Sponsor’s failure to enforce any 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 Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, 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 actions.
This Contest is in no way sponsored, endorsed, or administered by, or associated with, Live Nation, Facebook, Instagram, or Twitter. Information disclosed through this Contest is to Sponsor and not to Live Nation, Facebook, Instagram, or Twitter.
Except where prohibited by law, by submitting an Entry, Entrants and Finalists agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Sponsor and Entrants shall be covered 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. Entrant 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 Entrants 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 agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, 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.
10. OFFICIAL RULES & WINNERS LIST REQUESTS
To request a list of the winners send a separate, stamped, self-addressed envelope to: Moe’s Franchisor SPV LLC, Attn: O. Giamanco, 5620 Glenridge Drive NE, Atlanta, GA 30342. Requests must be received by January 30, 2018.
//End Official Rules