“Pimp My Patty” Instagram Contest Rules

  1. Eligibility. The Smokey Bones Bar & Fire Grill (herein, “Smokey Bones”) “Build Your Own Burger” Instagram Photo Contest (the “Contest”) is subject to all applicable federal, state, and local laws and regulations and is void outside the fifty (50) United States of America and the District of Columbia, and where prohibited or restricted by law, rule or regulation.

  2. Sponsor. Smokey Bones Corporate Office Headquarters HQ, Barbeque Integrated, Inc. 2875 NE 191st St., Ste. 500, Aventura, FL 33180.

  3. Agreement to Official Rules. Participation in this Contest constitutes contestants’ full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

  4. Dates. The Contest will run for a total of four (4) weeks. The dates which the Contest will run from will be June 26, 2016 – July 23, 2016 (the “Entry Period”).

  5. Platform. The contest will be hosted on Instagram. This Contest is in no way sponsored, administered, or associated with Instagram. By entering, contestants’ confirm they release Instagram of any responsibility, legal or otherwise, pertaining to this Contest, and agree to Instagram’s terms of use.

  6. How to Enter. ALL OF THE FOLLOWING MUST BE COMPLETED TO ENTER: 1. Contestants must design and purchase a burger from the build your own burger section of the Smokey Bones menu during the Entry Period.; This burger must be assembled from a list of menu items and ingredients that are pre-approved by the Sponsor prior to the beginning of the Contest.; 2. Contestants must post a photo of and/or with, their build your own burger on Instagram using the hashtag #SBPimpMyPatty (the “Photo”).; 3. Contestants must geotag in the Instagram application their Photo at a participating Smokey Bones location. During the Entry Period, all Photos must be uploaded through the Instagram application. No other method of entry will be accepted. There is no limit to the number of entries per contestant that meet the above criteria, but only one prize may be awarded per contestant.

  7. Content Restrictions. Photos may not contain content that:
    a) Is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group;
    b) promotes or showcases the use of illegal drugs, tobacco, or firearms/weapons;
    c) shows nudity or is overtly sexual in nature, or is against the terms of use of Instagram;
    d) promotes any particular political agenda or message;
    e) is obscene or offensive, or endorses any form of hate or hate group;
    f) shows any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses not belonging to the contestant who uploaded of the Photo;
    g) shows copyrighted materials owned by others or any trademarks, names or logos owned by others; or
    h) advertises or promotes any other business; or
    i) violates any law.
    Contestants must fully comply with all Contest requirements to be eligible. Incomplete entries are void.

  8. Sponsor’s Grant of Rights. Sponsor grants contestants the limited, non-transferable and revocable right to use Smokey Bones trademarks (including the Smokey Bones logo) as contained on Smokey Bones product packaging solely for purposes of participation in the Contest as described in these Official Rules provided that the Smokey Bones trademarks are not altered, edited, or modified in any way by contestants and all trademark ownership notices are retained in their original form. Such grant of rights will automatically terminate at the end of the Entry Period. Any continued use of the Smokey Bones trademarks after such time shall constitute an actionable violation of Sponsor’s rights in same.

  9. Prizes. There will be a total of Five Thousand Dollars ($5,000.00) in cash prizes. At the end of the Entry Period, a panel of judges, chosen by Sponsor in its sole discretion, will first choose a total of five (5) winners from the eligible pool of contestants based on the Criteria for Judging Submissions given below and conformity to all conditions herein. Each of the five (5) contestants chosen will receive a Five Hundred Dollar ($500.00) prize (the “Finalists”). Winning one of these Five Hundred Dollar ($500.00) prizes makes the Finalist eligible for a grand prize of Two Thousand Five Hundred Dollars ($2,500.00). The same panel of judges will then select a grand prize winner (the “Winner”) from the five Finalists. The Winner will be awarded the grand prize of Two Thousand Five Hundred Dollars ($2,500.00).

  10. Criteria for Judging Submissions. Entries submitted in accordance with Paragraph 6 above will be judged on the following basis: (a) Contestants in the Entry Period will be judged (i) Twenty Percent (20%) on photo quality, (ii) Twenty Percent (20%) on originality; and Sixty Percent (60%) on creativity and presentation of the Smokey Bones build your own burger. Judges will also consider the reaction to the photos on Instagram when judging on this criteria. (b) Finalists will be judged (i) Twenty Percent (20%) on photo quality, (ii) Twenty Percent (20%) on originality, and Sixty Percent (60%) on creativity and presentation of the Smokey Bones build your own burger. Judges will also consider the reaction to the photos on Instagram when judging on this criteria. By August 3, 2016, the Finalist with the best score based on this criteria, as determined by the judges in their sole discretion, will be the potential Winner, subject to verification of eligibility and compliance with the terms of these Official Rules. The decisions of Sponsor are final and binding on all matters relating to this Contest.

  11. Announcement of Winners. Finalists will be notified via Instagram comment from the official Smokey Bones Instagram account, smokeybonesbar, that they have won on July 29, 2016. The potential Winner will be notified via Instagram comment from the official Smokey Bones Instagram account, smokeybonesbar, that he/she has won on August 3, 2016. The potential Winner will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release (together, the “Declarations”), which must be received by Sponsor within seven (7) days of the date notice or attempted notice via Instagram comment is sent, in order to claim the prize. Finalists will be awarded the five (5) Five Hundred Dollar ($500) prizes at the Smokey Bones locations where the winning entries were submitted at a date to be determined, but no more than thirty (30) days after the receipt of the required Declarations from the Winner. The Winner will be awarded the Two Thousand Five Hundred Dollar ($2,500.00) grand prize at the Smokey Bones location where the winning entry was submitted at a date to be determined, but no more than thirty (30) days after the receipt of the required Declarations. If the potential Winner cannot be contacted, fails to sign and return the Declarations, or does not comply with these Official Rules, potential Winner forfeits the prize. If the potential Winner is disqualified for any reason, the prize may be awarded to a runner-up as determined by the original panel of judges in their sole discretion. Up to four (4) alternate Winners may be determined, after which the prize will remain un-awarded. Smokey Bones reserves the right to share all Contest winners’ (Finalists and grand prize Winner) names, Instagram usernames, and the state or states from which the Contest was entered on all social media platforms. A list of all Contest winners will be posted on Sponsor’s website and will be available via written request to Sponsor’s address listed above.

  12. Other Rules and Regulations. This Contest is a skill contest designed to increase consumer awareness of and interest in Smokey Bones. This Contest may not be used for any form of gambling. In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify contestants residing in the affected geographic areas. In such event, Released Parties (defined infra) shall have no liability to any contestants who are disqualified due to such an action. Only entries received from Smokey Bones locations in the states of New York, Massachusetts, Rhode Island, Pennsylvania, Ohio, Illinois, Michigan, Indiana, Kentucky, Virginia, North Carolina, South Carolina, Georgia, and Florida will be eligible. The Contest and Official Rules are not valid at Smokey Bones locations in the states of Maryland and Tennessee. Cyber-bullying between contestants is prohibited. Contestants found to have violated this rule, in the sole discretion of the Sponsor, will be disqualified. Smokey Bones reserves the right to make changes to the rules of the Contest, which will become effective upon announcement. The purchase of a build your own burger is required for entry into the Contest. Contestants must be eighteen (18) years of age or older. If any Contestants’ Instagram user account is set to private and Smokey Bones cannot view the submitted entry hashtagged #SBPimpMyPatty, those submissions are ineligible to win the Contest. Entries may be made viewable by setting the Contestants’ Instagram user account to public during the Entry Period. Failure to comply with Official Rules may result in disqualification. All winners are required to pay local, state, and federal taxes, as applicable, on these winnings. Smokey Bones reserves the right to use Photos and information from the Contest for publicity and/or advertising purposes. Posting a Photo, using the designated Contest hashtag, and geotagging location at a participating Smokey Bones means contestants give Smokey Bones permission to use their names, Instagram usernames, and state or states from which the Contest was entered. Contestants grant Smokey Bones the exclusive copyright to any photo hashtagged #SBPimpMyPatty, and understand and agree to these Official Rules. Contestants’ entries must be submitted between Sunday, June 26, 2016 at 12:01 a.m. and Sunday, July 23, 2016 at 11:59 p.m. in order to qualify. All contestants must be legal residents of the United States of America to claim a prize.

  13. Release and Disclaimer Rules. This Contest is subject to change at Sponsor’s discretion and is in no way sponsored, endorsed, or administered by Instagram, or any other social media platform on which this Contest may be advertised or promoted. Employees of Sponsor, participating Smokey Bones locations, or their immediate family members are not eligible to compete in this Contest. By participating in this Contest, contestants agree to release and hold harmless the Sponsor and any participating Smokey Bones locations, and their respective parents, subsidiaries, affiliates, franchisees, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

  14. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Finalists and Winner from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other contest or in an unsportsmanlike or disruptive manner and void all associated photos. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  15. Limitations of Liability. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by contestant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process of the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from contestant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any submission.

  16. Disputes. Except where prohibited, contestants agree that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action. To the extent not preempted by federal law, the provisions of the terms and conditions of this Contest shall be construed and enforced in accordance with the laws of the state of Florida, notwithstanding any state’s choice-of-law or conflicts-of-law rules to the contrary, and parties agree that any legal action, subject to the previous sentence, shall be commenced and maintained exclusively before any court of competent jurisdiction in Miami-Dade County, Florida, and submit to the jurisdiction and venue of such courts and waive any right to challenge or otherwise object to personal jurisdiction or venue in any action commenced or maintained in such courts.