Get entered for the Ultimate Tailgate Party
Smokey Bones Ultimate Tailgate Party Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Barbeque Integrated, Inc., dba Smokey Bones Bar & Fire Grill (“Sponsor”) is pleased to introduce the Smokey Bones Bar & Grill “Ultimate Tailgate Party” Promotion (“Promotion”) made available at participating Smokey Bones Bar & Fire Grill restaurant locations (each a “Restaurant” and collectively, “Restaurants”), which can be located by visiting http://www.smokeybones.com (the “Site”). The Promotion begins at 10:00 a.m. Eastern Time (“ET”) on September 4, 2014, and ends at 11:59 p.m. ET on December 28, 2014, (“Promotion Period”). Eastern Time shall control for all purposes of this Promotion. Sponsor’s computer shall be the official clock for purposes of the Promotion. As a condition of participating in the Promotion, You agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Promotion, these Official Rules, material contained on the Site or the corresponding Terms and Conditions, available at http://smokeybones.com/tailgateparty/.
1. ELIGIBILITY The Promotion is open only to permanent legal residents of the 50 United States and District of Columbia, who are physically located and residing therein, and who are twenty-one (21) years of age or older as of time of entry and who are members of the Smokey Bones Bar & Fire Grill loyalty card program (“Bones Club”). Membership into the Bones Club is free. Complete details regarding how to join the Bones Club are available on the Site and at participating Smokey Bones Bar & Fire Grill Restaurants. The Promotion is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Participation constitutes Your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning and receiving a prize are contingent upon fulfilling all requirements set forth herein. Directors, officers, employees, contractors, agents or representatives of Sponsor and each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, suppliers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Promotion, as well as the immediate family and individuals living in the same households, whether related or not, are not eligible. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, and spouses. “Household members” shall mean those people who share the same residence at least three (3) months a year..
2. HOW TO ENTER Before or during the Promotion Period, visit a participating Smokey Bones Bar & Fire Grill Restaurant to obtain a Bones Club card. Membership into the Bones Club is free. Complete details regarding how to join the Bones Club are available on the Site and at participating Smokey Bones Bar & Fire Grill Restaurants. During the Promotion Period, place a “To Go” order by phone, in-person or via the Site for any participating Smokey Bones Bar & Fire Grill Restaurant. Upon picking up Your order, present Your Bones Club card to a Restaurant manager, who will swipe Your Bones Club card for one (1) entry in the Promotion. If You do not want to place a “To Go” order, You may still stop by a participating Smokey Bones Bar & Fire Grill Restaurant and have Your Bones Club card swiped by a Restaurant manager (“alternative entry”). You will receive one (1) entry in the Promotion on each day Your Bones Club card is swiped for a “To-Go” order or an alternative entry during the Promotion Period, regardless of number of swipes. No purchase necessary to have Your Bones Club card swiped to obtain an entry into the Promotion. The Bones Club cardholder must be present at the time of entry. In the event of a dispute as to the identity of an entrant, the entry will be awarded to the Bones Club cardholder named on the account associated with the Bones Club card used to generate the entry (as determined by Sponsor’s account records), provided such individual is eligible according to these Official Rules. Entries obtained from unauthorized Bones Club card use or made with lost, stolen, or fraudulent Bones Club cards are void. .
WINNER SELECTION AND NOTIFICATION
Limit one (1) entry per day per person. 3. On or about January 8, 2015, Sponsor will randomly select a potential winner from among all eligible entries received during the Promotion Period. Sponsor expressly reserves the right to delay the announcement of the potential winner for any reason Sponsor deems necessary. Sponsor’s decisions shall be final in all matters pertaining to this Promotion. Potential winner will be notified on or about January 8, 2015, at the email, mail or phone number provided on his/her Bones Club account. It is Your responsibility to keep the contact information listed on Your Bones Club account accurate. If the potential winner cannot be contacted within forty-eight (48) hours after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. The Sponsor has no obligation select an alternate potential winner.
4. To be eligible to be declared the winner and to receive the prize, the potential winner must confirm acceptance of the prize within seventy-two (72) hours of being notified of being the potential winner and, if requested, must sign and return to Sponsor, within seventy-two (72) hours of issuance of such documentation from Sponsor, an Affidavit of Eligibility and Release (“Affidavit”) that: (a) releases Sponsor from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential winner’s participation in the Promotion, including, but not limited to, traveling to, preparing for and/or participating in any prize related activity, or the acceptance, possession, or use or misuse of any prize; and (b) except where prohibited by law, grants Sponsor the right to use potential winner’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law. The Affidavit will be sent to the potential winner via the email address provided on the potential winner’s Bones Club account. Entry into Promotion constitutes agreement to sign such Affidavit. When properly executed, and provided the potential winner is in compliance with the Official Rules, potential winner will be determined to be the Promotion winner. If a potential winner fails to comply with the terms and conditions of these Official Rules or fails to execute and return the Affidavit and/or additional legal documents provided by Sponsor within the timeframe specified above, the potential winner may be disqualified, at Sponsor’s sole discretion, and the prize forfeited. If the potential winner is disqualified, Sponsor reserves, at its sole discretion, the right to select an alternate potential winner at random. The Sponsor has no obligation select an alternate potential winner..
PRIZE AND ODDS OF WINNING
5. One (1) winner will receive a Smokey Bones catered party on February 2, 2015, at his/her residence or a mutually agreed upon location for up to thirty (30) people that consists of catering from a participating Smokey Bones Bar & Fire Grill Restaurant. The approximate retail value (“ARV”) of the catered party is five hundred dollars ($500.00). The odds of winning the catered party depend on the total number of eligible entries received during the Promotion Period. At the potential winner’s election, Sponsor will substitute the Smokey Bones catered party with Smokey Bones gift cards totaling five hundred dollars ($500.00), the ARV of the catered party. Sponsor also reserves the right, at its sole discretion, to issue gift cards totaling five hundred dollars ($500.00) in lieu of the catered party if the winner does not reside within a ten (10) mile radius of a participating Smokey Bones Bar & Fire Grill Restaurant.
PRIZE TERMS AND RESTRICTIONS
6. Sponsor will arrange for the delivery of the Smokey Bones catered party to the winner’s residence or a mutually agreed upon location on February 2, 2015, at a mutually agreed upon time. The catered party does not include beverages or utensils and cannot be combined with any other offers. The prize will be awarded only if the potential winner fully complies with these Official Rules. All prize details, including, without limitation, the Smokey Bones menu items to be provided at the catered party, are at the sole discretion of Sponsor. Any depiction of the prize, in Promotion materials or otherwise, is for illustrative purposes only. Except as otherwise provided in these Official Rules, no transfer, refund, cash redemption, substitution, replacement or cash equivalent for the catered party or Smokey Bones gift cards will be made, including, without limitation, if the full value of the Smokey Bones gift cards have not been used by the expiration date, except that Sponsor, at its sole discretion, may replace a lost, stolen or malfunctioning Smokey Bones gift card. Sponsor reserves the right, at its sole discretion, to substitute the catered party or the Smokey Bones gift cards for another prize of equal or greater value for any reason. Smokey Bones gift cards are also subject to all terms and conditions associated therewith. If for any reason any prize is unavailable or any prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Promotion and award a substitute prize, or portion of prize, of comparable or greater value, as set forth in these Official Rules (subject to compliance with applicable law). In the event that the Sweepstakes is cancelled or postponed for any reason whatsoever, the ARV of the Prizes will be awarded to the extent required by law. THE PRIZE IS PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SPONSOR HAS NEITHER MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ARRANGEMENTS FOR THE FULFILLMENT OF THE PRIZE WILL BE MADE BY SPONSOR. All federal, state, and local taxes and fees are the sole responsibility of the prize winner. All other costs and expenses related to any prize not specified herein and other expenses incurred by accepting the prize are also the sole responsibility of the winner. p>
Additional Terms. In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the e-mail address used to enter the Sweepstakes. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In case of termination, Sponsor will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism or for any other reason outside Sponsor’s reasonable control. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Unless otherwise prohibited by law, by participating in this Promotion, submitting an entry and/or accepting a prize, You grant Sponsor and its designees the right to use Your name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law. YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.
8. Sponsor reserves the right without liability to rescind, cancel or revoke any entry or cancel, suspend, modify and/or terminate the Promotion, or any part of it, for any reason, including, but not limited to, insufficient entries, any error, including, but not limited to, printing, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the prize via a random drawing of eligible entries submitted at the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with an entry, interfering with the operation of the Promotion or to be acting in violation of these Official Rules or any other promotions or in an unsportsmanlike or disruptive manner and void all associated entries. Entries may be voided if they contain any errors, if they have been tampered with, submitted in any manner other than through the methods set forth in Section 2 above or if they are not submitted during the Promotion Period. ANY ATTEMPT BY ANY PERSON TO SUBMIT A FRAUDULENT, ALTERED, TAMPERED WITH OR MANIPULATED ENTRY OR TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW. You agree to be bound by the Official Rules and decisions of Sponsor and/or Sponsor’s representatives, which are final and binding in all respects. All entries become the sole property of Sponsor and will not be acknowledged or returned. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism (or threat thereof), act of public enemies, actions of governmental authorities outside of the control of Sponsor or other force majeure event will not be considered a breach of these Official Rules. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Official Rules or any Promotion materials. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
10. Any dispute (defined below) relating in any way to Your participation in the Promotion shall be submitted to confidential arbitration in Orlando, Florida except that, to the extent You have in any manner violated or threatened to violate the intellectual property rights of Sponsor, Sponsor may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the states and federal courts in the State of Florida. We agree that any dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Florida law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Orlando, Florida and will be limited solely to the dispute between us. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Official Rules shall be joined to an arbitration involving any other party subject to these Official Rules, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “dispute” means any dispute, controversy, or claim arising out of or relating to: (1) these Official Rules, their interpretation, or the breach, termination, applicability or validity thereof; (2) the related order for, purchase, delivery, receipt or use of any product or service from the Sponsor; or (3) any other dispute arising out of or relating to the relationship between You and Sponsor. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
11. By participating in the Promotion, You agree that the laws of the State of Florida will govern these Official Rules, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Florida.
OFFICAL RULES AND WINNERS’ LIST
12.Official Rules are available at http://smokeybones.com/about/legal/. To obtain the names of the winner, any person may mail a self-addressed, stamped envelope to Barbeque Integrated, Inc., dba Smokey Bones Bar & Fire Grill, 8427 South Park Circle, Ste. 250, Orlando, FL 32819, Attn: Marketing Department – Winners’ List. The Winners’ List will be available after January 9, 2015, and requests must be received no later than three (3) months after the Promotion Period ends.
13. The Sponsor of this Promotion is Barbeque Integrated, Inc., dba Smokey Bones Bar & Fire Grill, 8427 South Park Circle, Ste. 250, Orlando, FL 32819.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Promotion begins at 10:00 a.m. ET on September 4, 2014, and ends at 11:59 p.m. ET on December 28, 2014, at 11:59 p.m. ET. Entries that are submitted before or after the Promotion Period will be disqualified. See Official Rules above for odds of winning and complete prize restrictions. Sponsored by Barbeque Integrated, Inc., dba Smokey Bones Bar & Fire Grill, 8427 South Park Circle, Ste. 250, Orlando, FL 32819.