Moe’s Southwest Grill – National Tortilla Chip Day Sweepstakes
MOE’S SOUTHWEST GRILL NATIONAL TORTILLA CHIP DAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT
IMPROVE YOUR CHANCE OF WINNING.
DESCRIPTION: The “Moe’s Southwest Grill National Tortilla Chip Day” Sweepstakes (the “Sweepstakes”) begins on or about February 24, 2023, at approximately 9:00 am Eastern Time (“ET”) and ends on February 24, 2023 at approximately 4:59 pm ET (the “Sweepstakes Period”). To enter, eligible entrants must post an original comment that complies with the “Comment Guidelines” (defined below) to their Twitter account. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Moe’s Franchisor SPV LLC 5620 Glenridge Drive NE, Atlanta, GA 30342 (“Sponsor”), which shall be final and binding in all respects.
HOW TO ENTER: At the beginning of the Sweepstakes Period, Sponsor will publish a Tweet on the Sponsor’s Twitter account (@Moes_HQ) announcing the Sweepstakes and inviting entrants to enter the Sweepstakes (the “Sweepstakes Tweet”). To enter, eligible entrants must complete the following steps during the Sweepstakes Period: (i) like or follow the Sponsor’s Twitter account (@Moes_HQ); and (ii) Tweet, reply to the Sweepstakes Tweet, or Quote the Sweepstakes Tweet with an original comment that that complies with the “Comment Guidelines” below, states how you will spend the money, and incorporates the hashtags #FreeTheChips and #entry and includes Entrant’s $CashTag handle (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each entrant’s Twitter account must be public to enter the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, the winner(s) will be randomly selected in a drawing from all eligible entries received throughout the Sweepstakes Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor or its designee in Sponsor’s sole discretion. The Winners will be subject to verification and compliance with these Official Rules. The potential winners will be notified by receiving their prize in their Cash App account and/or direct message via Twitter. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
PRIZES/ODDS: One thousand one hundred and fifty-five (1,155) winners will be selected to receive the following prizes:
One Thousand (1000) Sweepstakes Winners will receive $10.00.
One Hundred (100) Sweepstakes Winners will receive $50.00.
Fifty (50) Sweepstakes Winners will receive $100.00.
Five (5) Sweepstakes Winners will receive $1,000.00.
The total Approximate Retail Value (“ARV”) for all Sweepstakes Prizes is $25,000.00. All prizes awarded in this Sweepstakes will be provided to the Winners via the Cash App. No alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s).
Many will enter, only one thousand one hundred and fifty-five (1,155) will win. Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS. Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. The prizes are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor may issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within the time period specified by Sponsor in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RIGHTS IN COMMENTS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Sweepstakes Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Comment, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Sweepstakes Entities shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Comment for any purpose which the Sweepstakes Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Sweepstakes Entities shall retain the rights granted in each Comment even if the Comment is disqualified or fails to meet the Comment Requirements or even it if it determined that the entrant who made the Comment is ineligible to enter the Sweepstakes.
PUBLICITY RELEASE. Without in any way limiting the rights granted in the Comment, as set forth above, acceptance of a prize constitutes winner’s permission for the Sweepstakes Entities to use each winner’s Comment and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Sweepstakes Entities, and all uses of the Comment permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant represents and warrants as follows: (i) the Comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Comment meets the Comment Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant agrees to indemnify the Sweepstakes Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.
CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. ENTRANTS UNDERSTAND AND CONSENT TO BLOCK, INC. (“CASH APP”) PROVIDING SWEEPSTAKES WINNERS’ FULL LEGAL NAME AND EMAIL ADDRESS FROM THE ENTRANTS’ CASH APP ACCOUNT TO SPONSOR FOR USE IN CONNECTION WITH THE SWEEPSTAKES INCLUDING FOR LEGAL AND TAX COMPLIANCE PURPOSES. Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Sweepstakes and/or by accepting any prize that they may be awarded, entrants agree to release the Sweepstakes Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of the prize. The Sweepstakes Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Comment, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Comment or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. The Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Sweepstakes. Sponsor may prohibit you from participating in the Sweepstakes if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted a Comment cannot be resolved to Sponsor’s satisfaction, the affected Comment may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect Comments received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Comment to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Comment. Each entrant understands and acknowledges that the Sweepstakes Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Comment and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sweepstakes Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstakes Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Comment. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Comment or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE. The Sweepstakes Entities shall have no obligation (express or implied) to use any Comment, or to otherwise exploit any Comment or, if commenced, to continue the distribution or exploitation thereof, and the Sweepstakes Entities may at any time abandon the use of the Comment for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GOVERNING LAW/JURISDICTION/DISPUTES. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.As a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
ARBITRATION PROVISION. By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities or Cash App relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Atlanta, Georgia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter,. By entering the Sweepstakes, each entrant is providing information to the Sweepstakes Entities and not to Twitter. By entering the Sweepstakes each entrant hereby releases and agrees to hold harmless Twitter completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Sweepstakes Entities and not Twitter. By participating via the Twitter platform, entrants are also subject to Twitter’s privacy policies and terms of service.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The National Tortilla Chip Day Sweepstakes Winners List, Moe’s Franchisor SPV LLC 5620 Glenridge Drive NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Sweepstakes Period.