$10,000 COME-BACK-FOR-SECONDS Summertime Giveaway Official 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. (“Sponsor”) is pleased to introduce the $10,000 COME-BACK-FOR-SECONDS Summertime Giveaway (“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 July 29, 2013, and ends at 11:59 p.m. ET on August 31, 2013, ("Promotion Period"). Promotion Game Pieces each, a “Game Piece”) will be distributed between July 29, 2013, and August 18, 2013, or while supplies last (the “Distribution 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://www.smokeybones.com/about/#legal.
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 eighteen (18) years of age or older as of time of entry. If a potential winner is at least eighteen (18) but still considered a minor in his/her state of jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. 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, or spouses. “Household members” shall mean those people who share the same residence at least three (3) months a year.
2. HOW TO OBTAIN A GAME PIECE:
To obtain a Game Piece, visit a participating Restaurant during the Distribution Period and obtain a Game Piece, while supplies last, by completing one of the following actions: (1) Dining at a participating Restaurant; (2) Picking up a take-out order from a participating Restaurant; or (3) Without making a purchase, requesting a Game Piece at the participating Restaurant.
Limit one (1) Game Piece per eligible person, as detailed in Section 1, per visit during the Distribution Period. Maximum of three (3) Game Pieces per eligible person, per day. The sale, trading, transfer, assignment, or barter of any Game Piece is prohibited. Any attempt by You to subvert the Game Piece distribution process or to obtain more than the stated number of Game Pieces will void Your Game Pieces and You may be disqualified from further participation in the Promotion by Sponsor in Sponsor’s sole and absolute discretion.
3. HOW TO REDEEM A GAME PIECE
During the Promotion Period, bring Your unscratched Game Piece to a participating Restaurant on a different day than the day when You received it and request a Restaurant manager to scratch and sign the Game Piece for You (“Redeem”). The Restaurant manager reserves the right to ask questions to verify Your eligibility prior to scratching and signing the Game Piece. You will be a potential winner of the prize indicated, as determined by the Restaurant manager, subject to verification of the validity of the Game Piece, Your eligibility and compliance with these Official Rules.
All Game Pieces scratched off and/or signed by an individual other than a Restaurant manager or scratched off on the same day the Game Piece was received will be void. Limit one (1) Game Piece redemption per check, per table per visit. Game Pieces may not be combined with any other offer, discount, coupon or promotion.
ALL POTENTIAL WINNING GAME PIECES ARE SUBJECT TO VERIFICATION BY A RESTAURANT MANAGER, WHOSE DECISIONS ARE FINAL AND BINDING. YOU ARE NOT A WINNER OF ANY PRIZE, EVEN IF THE GAME PIECE SHOULD SO INDICATE, UNLESS AND UNTIL YOUR ELIGIBILITY AND THE POTENTIAL WINNING GAME PIECE HAVE BEEN VERIFIED. ANY GAME PIECE THAT IS PRESENTED FOR REDEMPTION AFTER THE PROMOTION PERIOD WILL BE DEEMED A DEFECTIVE GAME PIECE, IS VOID AND WILL NOT BE HONORED.
4. PRIZES AND ODDS OF WINNING
There will be approximately 425,000 Game Pieces available for distribution. The total approximate retail value (“ARV”) of prizes offered is $27,500. All prizes are randomly seeded across the universe of Game Pieces. The prizes available, odds of winning and ARV of each prize are as follows:
- $10,000 Cash Prize (1)
Ten thousand dollars ($10,000) awarded in the form of a check. One (1) $10,000 Cash Prize is available. ARV: $10,000. Odds of winning: 1 in 425,000.
- $5,000 Cash Prize (1)
Five thousand dollars ($5,000) awarded in the form of a check. One (1) $5,000 Cash Prize is available. ARV: $5,000. Odds of winning: 1 in 425,000.
- $1,000 Cash Prize (3)
One thousand dollars ($1,000) awarded in the form of a check. Three (3) $1,000 Cash Prizes are available. ARV: $1,000 each. Odds of winning: 1 in 141,667.
- $500 Cash Prize (5)
Five hundred dollars ($500) awarded in the form of a check. Five (5) $500 Cash Prizes are available. ARV: $500 each. Odds of winning: 1 in 85,000.
- $100 Cash Prize (20)
One hundred dollars ($100) awarded in the form of a check. Twenty (20) $100 Cash Prizes are available. ARV: $100 each. Odds of winning: 1 in 21,250.
- $50 Smokey Bones Gift Card (50)
Fifty dollars ($50) awarded in the form of a Smokey Bones Bar & Fire Grill Gift Card. Fifty (50) $50 Smokey Bones Gift Cards are available. ARV: $50 each. Odds of winning: 1 in 8,500.
- $25 Smokey Bones Gift Card (100)
Twenty five dollars ($25) awarded in the form of a Smokey Bones Bar & Fire Grill Gift Card. One hundred (100) $25 Smokey Bones Gift Cards are available. ARV: $25 each. Odds of winning: 1 in 4,250.
- 50% Off Prize (10,000)
Winners will receive 50% off one (1) visit to a participating Restaurant. Ten thousand (10,000) 50% Off Prizes are available. 50% Off Prizes are subject to redemption limitations and restrictions, as set forth in these Official Rules.
- 20% Off Prize (100,000)
Winners will receive 20% off one (1) visit to a participating Restaurant. One hundred thousand (100,000) 20% Off Prizes are available. 20% Off Prizes are subject to redemption limitations and restrictions, as set forth in these Official Rules.
- 10% Off Prize (314,820)
Winners will receive 10% off one (1) visit to a participating Restaurant. Three hundred fourteen thousand eight hundred twenty (314,820) 10% Off Prizes are available. 10% Off Prizes are subject to redemption limitations and restrictions, as set forth in these Official Rules.
All prize details are at the sole and absolute discretion of Sponsor. No transfer, substitution or cash equivalent for a prize will be made, except that Sponsor at its sole and absolute discretion may substitute a prize (or component of a prize) of equal or greater value for any reason. All federal, state and local taxes, and all costs and expenses related to the acceptance and use of the prizes not specified herein as being provided are the sole responsibility of the winners. Any depiction of prize, in Promotion materials or otherwise, is for illustrative purposes only. In the event that the Promotion is cancelled or postponed for any reason whatsoever, the ARV of the prizes will be awarded to the extent required by law. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. Game Pieces not Redeemed during the Promotion Period are void.
IF ONE OR MORE OF THE AFOREMENTIONED WINNING GAME PIECES ARE NOT REDEEMED, THE CORRESPONDING PRIZE FOR THAT WINNING GAME PIECE WILL NOT BE AWARDED.
5. PRIZE CLAIM AND PRIZE RESTRICTIONS
All prizes must be claimed at a participating Restaurant on the visit where the Game Piece is Redeemed during the Promotion Period. You will receive prize claim instructions from a Restaurant manager following redemption of a Game Piece subject to verification of eligibility and compliance with these Official Rules. If by reason of printing or other error, more prizes are claimed than the number set forth in these Official Rules, all valid, non-suspect prize claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded and any claims received after a prize has been exhausted will be void. In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's sole and absolute discretion. In the event You win a prize and are later found to be in violation of these Official Rules, You will be required to forfeit the prize and/or reimburse the Sponsor for the ARV of the prize.
Prizes will be deemed to have been won when all conditions in these Official Rules are met. ALL POTENTIAL WINNING GAME PIECES AND WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL.
- Cash Prizes
All potential cash prize winners must provide the Restaurant manager with a valid photo I.D. and complete an IRS W-9 form at the time the Game Piece is Redeemed. Failure to provide a valid I.D. and/or complete an IRS W-9 form at the time of redemption will void the respective Game Piece. Potential cash prize winners may also be required to complete and return an Affidavit of Eligibility, Liability and Publicity Release ("Prize Claim Materials") within seven (7) days from the time the Game Piece is Redeemed (unless prohibited by law). If potential cash prize winner fails to complete and return such forms within seven (7) days after issuance, the respective prize will be forfeited. If a potential cash prize winner is not of the legal age of majority in the state of residence, these documents may be required to be confirmed and signed by his/her parent or legal guardian, and the prize may be awarded in the name of his/her parent or legal guardian who will be required to fulfill all requirements imposed on potential winner set forth herein.
- Gift Card Prizes
All potential gift card prize winners must provide the Restaurant manager with a valid photo I.D. at the time the Game Piece is Redeemed. The Restaurant manager will issue a Smokey Bones gift card in the amount noted on the Game Piece, subject to verification of eligibility and compliance with these Official Rules. The balance of the gift card can be obtained by visiting the Site.
Gift Cards may only be used on dine-in checks and are not redeemable for alcoholic beverages. Gift Cards may not be redeemed for cash and there will be no cash returned or refunds issued if the full value of the Gift Card has not been used by the expiration date. Sponsor may, in its sole and absolute discretion, replace a lost, stolen or malfunctioning Gift Card.
- Percentage Off Prizes
Percentage off prizes will be awarded by participating Restaurants at the time the Game Piece is Redeemed. Percentage off prizes are valid for parties of eight (8) people or fewer. Alcohol, tax and gratuity excluded. Limit one (1) percentage off prize per check per table. Discount must be applied at time of redemption on a dine-in check. Not valid on retail or gift card purchases. Discount may not be combined with any other special promotion or offer.
Unless otherwise prohibited by law, by participating in this Promotion, Redeeming a Game Piece 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.7. GENERAL CONDITIONS
Sponsor reserves the right without liability to rescind, cancel or revoke any Game Piece or cancel, suspend, modify and/or terminate the Promotion, or any part of it, for any reason, including, but not limited to, insufficient distribution or redemption of Game Pieces, any error, including, but not limited to, printing, seeding, 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 in its sole and absolute discretion.
In such event, Sponsor reserves the right to award the prizes for Game Pieces issued up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor in its sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with a Game Piece, interfering with the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Game Pieces. Game Pieces are void if they contain any printing, mechanical, seeding, typographical or other errors, if they have been tampered with, obtained in any manner other than through the methods set forth in Section 2 above or if they are not presented for redemption during the Promotion Period.
ANY ATTEMPT BY ANY PERSON TO SUBMIT A FRAUDULENT, ALTERED, TAMPERED WITH OR MANIPULATED GAME PIECE 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. Redeemed and voided Game Pieces 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.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Sponsor and the Released Parties (defined below) are not responsible for: (1) stolen, lost, late, damaged, destroyed, mutilated, incomplete, inaccurate, illegible or counterfeit Game Pieces or Prize Claim Materials due to technical, computer, mechanical, printing, seeding typographical, human or other errors relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the mailing or transmission of Prize Claim Materials, notification or correspondence, the processing of Game Pieces, the announcement of the prizes or in any Promotion related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the Game Piece printing process or the Promotion; (5) technical or human error that may occur in the administration of the Promotion, the distribution of Game Pieces or the redemption of Game Pieces; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or receipt or use of any prize. If for any reason Your Game Piece is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not acceptable as a valid Game Piece for the Promotion, Your sole remedy is to obtain and Redeem another Game Piece through the methods set forth in these Official Rules. Sponsor may rescind and deem void any Game Piece found to contain any errors or failures without liability in its sole and absolute discretion.
By participating, You agree to release, discharge and hold harmless Sponsor and its respective parents, subsidiaries, affiliates, suppliers, retailers, distributors, advertising and promotion agencies, any individuals or entities engaged in the development, production, printing, distribution or execution of this Promotion, and Sponsor’s business partners and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees (the “Released Parties”) from losses/injuries of any kind, including personal injury and/or death, resulting from participation in the Promotion, or the acceptance/possession, use/misuse of a prize; or inability to use prize; shipping delays of prize merchandise; item/service prize unavailability, human error; incorrect or inaccurate transcription of Game Piece prize information, even if caused by the negligence of one of the Released Parties. You further agree to indemnify and hold harmless the Released Parties from any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against the Released Parties. Released Parties are also not responsible for any typographical or other error contained in the Official Rules or other Promotion-related materials.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS PROMOTION, ANY PRIZE AWARDED HEREUNDER, ACCESS TO AND USE OF THE SITE OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SPONSOR AND RELEASE PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Any dispute 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 or the Released Parties, 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 (defined below) 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: (i) these Official Rules, their interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from the Sponsor or Released Parties; or (iii) 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.
10. APPLICABLE LAW/JURISDICTION
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.
11. OFFICIAL RULES AND WINNERS’ LIST
Official Rules are available at www.smokeybones.com/summer. To obtain the names of the $10,000 Cash Prize through the $25 Smokey Bones Gift Card Prize winners, any person may mail a self-addressed, stamped envelope to 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 September 14, 2013, and requests must be received no later than three (3) months after the Promotion Period ends.
The Sponsor of this Promotion is Barbeque Integrated, Inc., 8427 South Park Circle, Ste. 250, Orlando, FL 32819.