The Ted's Montana Grill National Bison Month Social Media Promotion (the "Campaign”) is subject to the following rules and conditions (the "Official Rules").
The sponsor of this Campaign is Ted's Montana Grill, Inc. (the “Sponsor”).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. NO OBLIGATION OF ANY KIND IS IMPLIED. NO ENTRY FEE TO PARTICIPATE. ONLY ONE ENTRY PER PERSON. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.
The Campaign is open to legal residents of the fifty (50) United States and the District of Columbia who satisfy the following criteria (the “Eligibility Criteria”): (a) those who are, as of the date of entry, at least eighteen (18) years of age and have a valid e-mail address and with Internet access at the time of entry; and (b) those who are not officers, directors, employees, independent contractors, agents or representatives (or their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings, or those who live in the same household of any such individuals) of Sponsor and its respective parent companies, affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of the Campaign (all of the above, together with the Sponsor, collectively referred to as the “Promotion Entities”). All federal, state, and local laws and regulations apply. In addition to meeting the foregoing eligibility criteria, each Entrant (as defined herein) must also satisfy the remaining conditions of participation and general terms set forth in these Official Rules in order to remain eligible to participate in the Campaign. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who is ineligible under these Official Rules.
The Campaign begins on Monday, July 8, 2019, at 12:00 a.m. Eastern Standard Time and the first round ends on Friday, July 26, 2019, at 11:59 p.m. Eastern Standard Time (the "Entry Period"). Entries must be received within the Entry Period to be considered for Prizes (as defined herein). A local winner from each Ted’s Montana Grill restaurant location (each, a “Local Winner,” and collectively, the “Local Winners”) will be selected by Monday, July 29, 2019 at 11:59 p.m. The Local Winners, should each choose to proceed, may move on to the finalist round of the Campaign. The finalist round of the Campaign begins on July 29, 2019 at 12:00 Eastern Standard Time and ends on August 4, 2019 at 11:59 p.m. Eastern Standard Time (the “Voting Period”). The winner of the finalist round (“Grand Prize Winner”) will be announced by August 12, 2019 at 11:59 p.m. Eastern Standard Time.
There is no purchase necessary to enter the Campaign. Entering the Campaign does not guarantee receipt of a Prize (as defined herein).
Eligible persons who satisfy the Eligibility Criteria (each, an "Entrant") can enter the Campaign by any of the following methods:
All entries will be judged equally pursuant to the Judging Criteria (as defined below), regardless of method of submission.
Each Entrant must be the rightful owner (or have authorized use) of the email account utilized in the entry. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning entry will be deemed to be made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he or she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. Sponsor is not responsible or liable for any entries which are illegible, late, mutilated, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these Official Rules, and all such entries will be disqualified from the Campaign. By participating, Entrant agrees to the Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
The odds of winning a Prize (as defined herein) vary based upon the number of eligible entries in the Campaign.
The Local Winners of the Campaign will be determined by a qualified panel of judges who will be pre-selected by Sponsor and shall remain confidential. After the close of the Entry Period, the judges will evaluate the eligible entries using two (2) criteria and assign a score to each entry of up to a maximum of thirty (30) points. The two criteria, which will be weighted equally (the “Judging Criteria”), shall be: (1) creativity (maximum 15 points); (2) quality of the photograph (maximum 15 points). The eligible entry that receives the highest score from each city or location with a Ted’s Montana Grill restaurant will be designated a Local Winner, awarded a local Prize, and advance to a finalist round to compete for the Grand Prize. In the finalist round, the forty-three (43) qualifying entries by Local Winners will be judged against each other by a public vote.
Entries by Local Winners who elect to proceed to the final round will be displayed on Facebook for the duration of the Voting Period, as described above. The Entry with the highest number of valid votes at the conclusion of the Voting Period will be designated the Grand Prize Winner.
Qualified voters may vote for more than one Entry, but only once per Entry.
A Local Winner may encourage other persons to vote for his or her Entry, but all Entrants (and other persons) are expressly prohibited from soliciting or obtaining votes by any fraudulent or inappropriate means, which include, without limitation, offering prizes, payments, reciprocal votes, or other inducements of any kind, as determined by Sponsor in its sole discretion.The use of any device to automate a vote is also prohibited. All voting must be done by the actual person casting the vote.
There will be a total of forty-four (44) prizes (each a “Prize” and collectively the “Prizes”) awarded in connection with the Campaign.
Grand Prize. There will be one (1) grand Prize awarded to the Grand Prize Winner whose entry receive the highest engagement during the Voting Period.
The Grand Prize of the Campaign will consist of the following:
Total estimated retail value of the Grand Prize is Nine Thousand Five Hundred Dollars ($9,500.00). The Grand Prize Winner is responsible for all airfare, federal, state and local taxes, alocholic beverages, additional hotel amenities, fees, gratuities, all ground transportation and other expenses incurred while on the trip. The Grand Prize Winner’s travel companions must be eighteen (18) years of age or older, and if a travel companion is not of the legal age of majority in his or her state of residence (a "Minor,"), the Winner must be such companion's parent or legal guardian. The Grand Prize Winner and his or her travel companions must travel together on the same itinerary and possess all required travel documents, if and as applicable. The Grand Prize Winner must contact the Sponsor at least three (3) weeks prior to the requested departure date. Accommodations are strictly subject to availability and blackout dates may apply. The Grand Prize is valid until December 31, 2020.
Local Prizes. There will be a total of forty-three (43) Local Winners of a Prize awarded by Sponsor by August 31, 2019].
Local Winners will receive a a prize valued at $50.
No alternative Prize, cash equivalent, or other substitution or change to any Prize is permitted. The value of any Prize awarded in connection with the Campaign may be taxable to the Winner as income. The Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued by Sponsor in the name of the Winner for the actual value of the Prize received. Upon entry into the Campaign, each Entrant agrees to comply with any and all applicable federal, state, and local laws, rules, and regulations.
Some Restrictions Apply. Each potential Winner will be required to sign and return to the Sponsor, within ten (10) days of the date of receipt thereof from Sponsor, an affidavit of eligibility, liability and publicity release and any other documents that Sponsor reasonably requires (except where prohibited) (collectively, "Prize Claim Documents") in order to claim his/her Prize. By completing the Prize Claim Documents, the Winner attests to the authenticity of his/her winning entry. Time is of the essence in awarding the Prize. Accordingly, if a potential Winner and his/her guests fails or refuses to sign and return all Prize Claim Documents within a 10-day day period (or a shorter time if reasonably required by exigencies), the potential Winner may be disqualified and Sponsor may select an alternate Winner from among all remaining eligible entries. Sponsor shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to accept or utilize Prize as described herein.
Winners will be notified by email, telephone or other means of notification selected by Sponsor in its absolute discretion.
Sponsor will notify the Grand Prize Winner within (10) days after the end of the Voting Period. If a potential grand prize winner does not respond within ten (10) days of the first notification attempt, or if the Grand Prize notification is returned as unclaimed or undeliverable to such potential winner, or if the potential winner fails to claim the Grand Prize, or fails to return completed and executed Prize Claim Documents as required, the Grand Prize may be forfeited and an alternate Grand Prize Winner may be selected by Sponsor in accordance with these Official Rules. Sponsor may successively attempt to contact up to two (2) potential winners in accordance with the notification procedures as described herein, and if there is still no confirmed winner of the Prize after such attempts have been made, the Prize may go unrewarded. Sponsor shall have no liability for any Prize notification that is lost, intercepted or not received by the potential winner for any reason. The decisions of Sponsor shall be final and binding.
By participating in the Campaign, each Entrant grants to Sponsor and each of its designees the right to publicize such Winner's name, address (city and state of residence), photograph, voice and/or other likeness and Prize information in any media now known or hereafter devised, throughout the world, until December 31, 2025 without additional compensation or consideration, notification or permission, unless prohibited by applicable law.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Campaign, shall be governed by, and construed in accordance with the laws of the State of Georgia without regard to the conflict of laws rules that would cause the laws of any other jurisdiction to apply.
As a condition of participating in this Campaign, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall only be resolved individually, without resort to any form of class or collective action, and shall be submitted exclusively to and determined exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., regardless of the state in which the arbitration is held or the substantive law applied in the arbitration. Entrant is required to bring all claims subject to arbitration in one arbitration proceeding. Any such claims not brought in one arbitration shall be waived and precluded. The arbitrator has no authority to and shall not consolidate claims of different participants into one proceeding, nor shall the arbitrator have the power to hear an arbitration as a class or collective action (a class or collective action involves an arbitration or lawsuit where representative members of a group who claim to share a common interest seek class or collective relief), and entrant shall not be allowed to submit its claim(s) against Ted’s Montana Grill, Turner Enterprises, Inc., or their shareholders, employees, directors, officers, or affiliate companies, to arbitration as a representative of or participant to a class or collective action or a claim seeking class or collective relief. The parties to this Agreement agree to keep confidential, and not disclose to any third party, the content and results of any arbitration proceeding, unless necessary to enforce this provision or any arbitration ruling in a court of law; (b) 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 attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, unless otherwise provided by applicable law.
ENTRANT HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE CAMPAIGN OR THESE OFFICIAL RULES, ANY OTHER AGREEMENT CONTEMPLATED HEREBY OR THEREBY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF.
Sponsor is legally required to ensure that all personal information disclosed to or received from third parties is appropriately used, disclosed and protected.
By entering the Campaign and voluntarily providing personal information, including, but not limited to, name, address, city, state, zip, email address, home number, office number, etc., (the "Registrant Information"), each Entrant grants permission to Sponsor to use the Registrant Information for the exclusive purpose of administering the Campaign and selecting the Winners.
An Entrant may be prohibited or disqualified from participating in the Campaign, or may be required to forfeit any Prize awarded to them in the Campaign if, in Sponsor's sole discretion, (a) Sponsor believes that the Entrant has attempted to undermine the legitimate operation of the Campaign by cheating, engaging in deception, not adhering to the content requirement or otherwise violating these Official Rules, (b) Sponsor believes that the Entrant does not satisfy the Eligibility Criteria, (c) the Entrant does not satisfy any other criteria or agreement in these Official Rules (including, without limitation, executing and returning any documentation required by Sponsor), (d) the Entrant is convicted of, or pleads guilty or no contest to, any felony or any crime of moral turpitude, fraud or misrepresentation, (e) Sponsor believes the Entrant tampered with the entry process or the operation of the Campaign or violates these Official Rules (g) the Entrant acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, and (h) the Entrant has provided inaccurate information on any legal documents submitted in connection with this Campaign.
Sponsor reserves the right in its sole discretion to decide if a an entry is appropriate for posting or publication and may disqualify any entry at any time if it is determined, in the Sponsor's sole discretion that the entry is not appropriate or that Entrant has not complied with these Official Rules.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering.
If, for any reason, in the exclusive judgment of the Sponsor, the Campaign becomes compromised in anyway, Sponsor reserves the right to cancel the Campaign or any method of entry to void any entries submitted fraudulently. In order to maintain the integrity of the Campaign, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Sponsor may select the Local Winners and Grand Prize Winner from all eligible entries received prior to the act that compromised the Campaign. Should the Campaign be terminated prior to the stated expiration date, notice will be posted on [tedsmontanagrill.com/nationalbisonmonth.html] (the “Campaign Website”).
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
Representations by Entrant. Entrant represents and warrants that any entry submitted in connection with the Campaign is original to Entrant (not copied, adapted, or reproduced from any other source). Entrant further represents and warrants that the entry and all elements thereof do not infringe upon any copyright, trademark, or other proprietary right of any third party, is not defamatory, slanderous or libelous or portrays any person in a false light, and does not contain any virus, bugs, or other deleterious material.
Entrant acknowledges and agrees that, by entering the Campaign, any entry may be used for promotional purposes, subject to these Official Rules and applicable law. Entrant grants to Sponsor the right to publish, use, adapt, edit and/or modify the the entry in any way, in commerce and in any and all media worldwide, without limitation and without consideration to Entrant, subject to these Official Rules and all applicable law. Entering the Campaign further constitutes Entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in and to the entry, including, without limitation, all intellectual property rights, unless prohibited by applicable law. Entrant hereby agrees to execute any documents required to perfect such rights to the Sponsor.invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause).
Indemnification. To the maximum extent permitted by law, Entrant agrees to keep Sponsor indemnified at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any of the Entrant's acts or omissions in connection with their participation in the Campaign and/or a breach of any obligation, representation or warranty set forth herein. Entrant acknowledges that Sponsor has made no, and hereby disclaims any, warranty or guarantee regarding relative to any Prize identified herein, either express or implied, including without limitation, such Prize's use, merchantability, mechanical condition, quality or fitness for a particular purpose. By participating in this Campaign, Entrant agrees to release and hold harmless the Sponsor and its officers, directors, employees, agents, representatives, affiliated companies, participating advertising and promotion agencies and third party fulfillment agencies and their respective officers, directors, employees, agents and representatives (collectively the "Released Parties") from and against any and all claims, injury or damage arising out of or relating to participation in this Campaign and/or the use or misuse or redemption of a Prize (including, but not limited to liability for property loss, damage, personal injury or death and any claim based on publicity rights, defamation,
Limitation of Liability. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Campaign or in the announcement of the Prizes or Winners. The Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the Campaign Website or participating in the Campaign, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature.
Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at the Campaign Website or any combination thereof or by any human error which may occur in the processing of the entries in the Campaign.
No Third-Party Affiliation. This Campaign is in no way sponsored, endorsed, administrated by, or associated with, any third party, including but not limited to, Facebook, Instagram, or Twitter.
Severability. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules 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.
No Waiver. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Headings. Any headings in these Official Rules are for convenience only and are not intended to affect the interpretation of these Official Rules.
Modifications. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Campaign or the Prizes.
No Merger. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Campaign promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
Sponsor’s Address. Sponsor’s principal place of business and address for notices is Ted’s Montana Grill, Inc. 133 Luckie Street, 6th Floor, Atlanta, Georgia 30303.
A list of Winners can be obtained by sending a self-addressed, stamped envelope no later than October 31, 2019, to: Ted's Montana Grill, Attn: Jessica Smith, 133 Luckie Street NW, 6th Floor, Atlanta, GA 30303. Please do not send entries or other correspondence to this address. To obtain a copy of these Official Rules, please print or download them from the Campaign Website.