Dave & Buster’s – Everyone’s A Winner Sweepstakes

Dave & Buster’s Everyone’s A Winner** Promotion
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING.
**Every eligible entrant will at least win the “free $25 game play with $25 game play purchase” offer. See
below for full details.
1. Eligibility: Dave & Buster’s Everyone’s A Winner Promotion (the “Instant Win Game”) is open only to
legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are at least
eighteen (18) years old at the time of entry. Employees, officers, and representatives of Dave & Busters,
Inc. (including its affiliates and subsidiaries), Merkle Inc., as well as the immediate family (spouse,
parents, siblings, and children) and household members of each such employee are not eligible. The
Instant Win Game is subject to all applicable federal, state, and local laws and regulations and is void
where prohibited. Participation in the Instant Win Game constitutes entrant’s full and unconditional
agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and
binding in all matters related to the Instant Win Game. Winning a prize is contingent upon fulfilling all
requirements set forth herein.
2. Sponsor: Dave & Busters, Inc., 2481 Mañana Drive, Dallas, TX 75220. Administrator: Merkle Inc.,
3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Instant Win Game begins on November 15, 2021 at 12:00 a.m. Central Time (“CT”) and
ends on January 2, 2022 at 11:59 p.m. CT (the “Promotion Period”). Administrator’s computer is the
official time-keeping device for the Instant Win Game.
4. How to Enter: During the Promotion Period, visit an open and participating Dave & Buster’s
Restaurant in the United States or Puerto Rico and locate the QR code on in-store Instant Win Game
signage. Use your smartphone or other web-enabled device with a data plan to scan the quick response
(“QR”) code featured on the signage*. You will be directed to a mobile web page. Or, to enter without
visiting a store or scanning a QR code, visit the website URL directly at https://bit.ly/3AcILAR. Next, follow
the links and instructions to complete and submit the registration form including a valid email address.
You will receive one (1) Instant Win Game play. The Instant Win Game results will be instantly
displayed. Potential winners of the Instant Win Game will be provided directions for validation. At a
minimum, you will receive the “free $25 game play with $25 game play purchase” offer. See Section 7 for
odds of winning, prizing details, and prize limits. All potential winners are subject to verification before any
prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. All
potential winners are subject to verification before any prize will be awarded. Administrator is responsible
for the functionality of the Instant Win Game.
* If you choose to enter using a mobile device/scanning a QR code, standard message and data rates
apply in accordance with your personal mobile service plan. Check details of your plan prior to using a
mobile device to enter. A mobile device is not required to enter.
Limit: Each entrant may play one (1) time per day during the Promotion Period. Multiple entrants are not
permitted to share the same email address. Any attempt by any entrant to obtain more than the stated
number of plays by using multiple/different email addresses, identities, registrations and logins, or any
other methods will void that entrant’s plays and that entrant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost,
late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event
of a dispute as to any registration or play, the authorized account holder of the email address used to
register will be deemed to be the entrant or player. The “authorized account holder” is the natural person
assigned an email address by an Internet access provider, online service provider, Internet service
provider, or other organization responsible for assigning email addresses for the domain associated with
the submitted address. Each potential winner may be required to show proof of being the authorized
account holder.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR
ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A
WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND
UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND
ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT
ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION
PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS
DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.
6. Verification of Potential Winners: Receiving a prize is contingent upon compliance with these
Official Rules. Administrator’s decisions as to the administration and operation of the Instant Win Game
and the selection of potential winners are final and binding in all matters related to the Instant Win Game.
Physical prizes must be redeemed by January 30, 2022 or potential winner forfeits the prize. Each
potential winner (parent/legal guardian if winner is a minor in his/her state of residence) of a prize valued
at or over $600 will be required to sign and return a Declaration of Compliance, Liability and Publicity
Release, which must be received by Administrator within five (5) days of the date notice or attempted
notice is sent, in order to claim the prize. If any potential winner cannot be contacted or fails to sign and
return the Declaration of Compliance, Liability and Publicity Release (when applicable) or provide any
other requested information within the required time period, potential winner forfeits the prize. All
unclaimed prizes prize will not be awarded. Prizes will be fulfilled approximately 8-10 weeks after the
conclusion of the Instant Win Game.
7. Prizes, Offers, and Odds of Winning:
Prize and Offer
Descriptions
Quantity Approximate
Odds of Winning
Approximate Retail
Value (“ARV”)
A $250,000 check 1 1:160,000,000 $250,000
Free Game Play for a
Life awarded as
$25,200 worth of game
play loaded to a Power
Card
1 1 in 3,577,270 $25,200
Free Appetizer with the
purchase of an Entrée
at a participating Dave
& Buster’s Restaurant.
Expires 1/30/22.
178,864 1:20 N/A
1/2 off Dessert at a
participating Dave &
Buster’s Restaurant.
Expires 1/30/22.
178,864 1:20 N/A
Free Entrée with
purchase of an Entrée
at a participating Dave
& Buster’s. Expires
1/30/22.
178,864 1:20 N/A
Free $15 game play.
Expires 1/30/22.
35,773 1:100 $15.00
Free $25 game play
with $25 game play
purchase offer.
Must be redeemed on
the next business day.
Expires 1/30/22.
1,573,999 1:1 N/A
Free $15 game play
with $15 game play
purchase offer.
1,430,908 1:3 N/A
Must be redeemed on
the next business day.
Expires 1/30/22.
Terms and conditions of coupons and offers apply; must use coupons and offers at open and participating
Dave & Buster’s Restaurants. No cash or other substitution, assignment or transfer of any prizes
permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash
or another prize of comparable or greater value. Winners are responsible for all federal, state, and local
taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty
or guarantee, either express or implied offered by Sponsor. TOTAL ARV OF ALL PRIZES: $811,795.00.
Limit: One (1) Instant Win Game prizes per person per day during the Promotion Period.
8. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner’s consent
to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions, biographical information,
hometown, and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Instant Win Game if fraud,
technical failures, human error or any other factor impairs the integrity of the Instant Win Game, as
determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the
prizes at random from among the eligible entries received up to the time of the impairment. Sponsor
reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry
process or the operation of the Instant Win Game, or to be acting in violation of the Official Rules of this
or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to
deliberately damage any website or undermine the legitimate operation of the Instant Win Game is a
violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to
seek damages 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.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor,
Administrator, and any promotional partners, each of their parent, subsidiary, affiliate, and related
companies, and each of its and their respective officers, directors, employees, and agents (collectively
the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any
kind arising, in whole or in part, directly or indirectly, out of participation in the Instant Win Game or
resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in
connection with the Instant Win Game, including without limitation personal injury, death, and/or property
damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Instant Win Game; (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 entry process or the Instant
Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game or
the processing of entries; or (5) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant’s participation in the Instant Win Game, or receipt, or
use of any prize or while traveling to or from any prize-related activity. If for any reason an entrant’s entry
is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole
remedy is another entry in the Instant Win Game, if it is possible. No more than the stated number of
prizes will be awarded. In the event that production, technical, seeding, programming, or any other
reasons cause more than the stated number of prizes as set forth in these Official Rules to be available
and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random
drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or
connected with this Instant Win Game or any prizes awarded shall be resolved individually, without resort
to any form of class action, and exclusively by the United States District Court for the Eastern District of
Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County,
Michigan; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Instant Win Game but in no event attorneys’ fees;
and (iii) 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 for
actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All
issues and questions concerning the construction, validity, interpretation, and enforceability of these
Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Instant Win
Game, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without
giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of
Michigan.
13. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s
Privacy Policy https://www.daveandbusters.com/privacy-policy.
14. Winner List: For a winner list, visit https://bit.ly/3F2KvjL. The winner list will be posted after winner
confirmation is complete.
© 2021 Merkle Inc. All rights reserved.