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    MOE'S CHIEF TACO OFFICER CONTEST OFFICIAL RULES


    The following content constitutes the Official Rules for the Moe’s Southwest Grill® Chief Taco Officer Contest (“Official Rules”):

    NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

    1. CONTEST PERIOD

    The Moe’s Southwest Grill® Chief Taco Officer Contest (the “Contest”) commences at 10:00 AM Eastern Standard Time (“EST”) on April 3, 2018, and ends at 11:59:59 PM EST on April 20, 2018 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on April 20, 2018.

    2. SPONSOR

    The Contest is sponsored by Moe’s Franchisor SPV LLC (“Moe’s” or “Sponsor”).

    This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram and/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 Contest or the prizes awarded. Any questions, comments or complaints regarding this Contest must be directed to the Sponsor and not to Facebook, Twitter or Instagram.

    3. OBJECT

    The object of the Contest is for you (“Entrant”) to submit an Entry to Facebook, Instagram and Twitter telling us how much Entrant loves tacos and why (they would be a good fit for the Chief Taco Officer (the "Entry(ies)"). You must submit your Entry by posting your Entry on Facebook, Twitter and/or Instagram (collectively the “Social Media Channels”) with the hashtag #MoesCTOContest and tagging @MoesSouthwest Grill or @Moes_HQ on Twitter in accordance with these Official Rules to be eligible. Between April 21, 2018 and May 6, 2018, Moe’s will select three (3) top Entrants (“Three Amigos”) and then fans will vote for their favorite finalist via the Sponsor’s Social Media Channel pages. On May 21, 2018, Moe’s will announce one (1) Winner (“Winner” or “Chief Taco Officer”).

    4. ELIGIBILITY

    OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, WHICHEVER IS OLDER. YOU MUST BE A ROCKIN REWARDS MEMBER AS OF APRIL 20, 2018. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VALID EMAIL ADDRESS AND INTERNET ACCESS REQUIRED. Employees of 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) 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 “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 are final and binding in all respects. 

     

    5. HOW TO ENTER

     

    Facebook, Instagram and Twitter accounts may be created free of charge.  Creation of a Facebook, Instagram or Twitter account requires Entrant to agree to the Facebook, Instagram and Twitter terms of service and privacy policy set forth by Facebook, Instagram and Twitter available at http://www.facebook.com/policies/, https://instagram.com/about/legal/privacy/ and/or https://twitter.com/privacy?lang=en

    To become a member of Moe’s Rockin’ Rewards sign up at https://www.moes.com/rockin-rewards or join through the Rockin’ Rewards App by following the enrolling instructions. All Rockin’ Rewards members are subject to and agree to the Rockin’ Rewards terms and conditions available at https://www.moes.com/rockin-rewards/terms

    To enter, you must submit your Entry pursuant to Section 3 above and to the Content Restrictions (as set forth in the Content Restrictions section below). To participate in the Contest, you must have a valid and public Facebook, Instagram or Twitter account. By fully completing and submitting all required information as directed, you will be entered in the Contest. Online Entry only through Social Media Channels 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.

    6. GENERAL ENTRY CONDITIONS

     

    Limit one (1) Entry per Entrant on each of the Social Media Channels during the Contest Period. If an identical application 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. Entrants are not allowed to use the same Social Media Channel for multiple Entries; for example, Entrant can enter on Facebook, Instagram and Twitter but cannot have two Facebook entries. Any attempt by a participant to acquire more than one (1) Entry per Social Media Channel and 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 Contest 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 Facebook, Instagram and/or Twitter account at the time of Entry will be deemed to be the Entrant and he/she must comply with these Official Rules.  Entrants may be required to show proof of being the authorized account holder of any and/or all Social Media Channel(s). The "authorized account holder" is the natural person assigned to the authorized Facebook, Instagram and/or Twitter 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 Contest may be shared Sponsor with any and/or all other Contest 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 Contest. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Contest 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 Contest, or acting in violation of these Official Rules or applicable law. Entries delayed past the Contest 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 Contest 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 May 1, 2018, Sponsor and its panel of judges (the “Moe’s Brand Team”) will review all Entrants and will select the top ten favorites based on creativity, brand personality fit, brand love, social following and the “Wow” factor. The top 10 Entrants will be judged by the Moe’s Brand Team and 5 Entrants will be selected to have interviews via Skype with the Sponsor. Prior to the Skype interview, within 24 hours of notification of their selection, each of the 5 Entrants will be required to authorize Sponsor to complete a background check.

    On or about May 7, 2018 the semifinalists will be selected (the “Three Amigos”) who will then be announced on the Sponsor’s Social Media Channels as the final Three Amigos. Each of the Three Amigos will be required to create a video that Sponsor will edit and then post to Sponsor’s Social Media Channels.  Each of the Three Amigo having individually identified hashtags: #CTO[First name] which will be pinned to the top of each page of Sponsor’s Social Media Channels pages.

    The Winner will be determined by the highest number of hashtag users on the designated voting posts on the Social Media Channels for each of the Three Amigos. Sponsor will then announce the Winner or Chief Taco Officer. The Winner will be notified on May 15, 2018 by Sponsor via a private message through the platform Entrant entered on and Sponsor will then announce the Chief Taco Officer to the public on May 21, 2018.  Odds of winning depend on number and quality of Entries received.

    9. CONTEST 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 48 hours 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 Independent Contractor Agreement and a Request for Taxpayer Identification Number and Certification W-9 Form (collectively “Requisite Documents”); within 48 hours of receiving the Requisite Documents. Only after the completed and executed Requisite Documents are received by Sponsor or designated agent will a potential Winner become an “Official Winner” for purposes of this Contest.  Failure to return the complete and signed Requisite Documents within 48 hours following the date of delivery thereof may result in forfeiture of the Prize (as defined below) 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 Requisite Documents 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 Contest. 

    Winner: One (1) Winner will travel across the United States as the Chief Taco Officer for Moe’s Southwest Grill® for approximately two weeks. All travel expenses for the Winner will be paid. The Winner is responsible for all other costs and other requirements associated with the trip. 

    Total ARV for the Prize: $5,600.00. TRIP MUST TAKE PLACE BETWEEN June 1, 2018 to June 10, 2018.

    11. GENERAL PRIZE LIMITATIONS AND CONDITIONS

     

    Some of the Prize will be awarded in  gift card form. Prizes may not be substituted for cash. All Prizes under this Contest 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 Contest 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.

    12. PUBLICITY & MARKETING

    By entering or participating in the Contest, participants expressly agree and consent to Sponsor’s use of Entrant’s name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, whether now known or hereafter devised, worldwide, in perpetuity, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including mailing address, phone number, and email address, during Entry constitutes permission for Sponsor to add Entrant to Sponsor’s customer database and share with Contest Entities for same purpose, and to contact Entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy accessible at: http://www.focusbrands.com/privacy-policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). Furthermore, participant(s) submitting an Entry release all right, title and interest to and in any intellectual property contained in or related to any Entries submitted for purposes of the Contest and in consideration of being entered into the Contest, hereby agree that Sponsor shall have the worldwide, perpetual license to use the Entry for any purposes and in any media or format, whether now known or hereafter created, without notice or payment of compensation to Entrant. Each participant submitting an Entry represents and warrants that such Entry does not infringe any intellectual property rights of any third parties.

    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 Contest, or Sponsors ability to include all eligible entries, conduct random drawings, notify potential Winners, or otherwise execute this Contest 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 Contest 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 Contest, 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 Contest, 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 Contest, 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 Contest (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the website). The Contest 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 Contest 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 Contest. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Contest, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Contest. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest 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 Contest.

    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 Contest 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 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 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® Chief Taco Officer Contest, 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 November 14, 2018. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winner(s).” //End Official Rules

     

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