NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS AND VIDEO UPLOADING CAPABILITY REQUIRED.
1. Promotion Period: The Moe 's Southwest Grill I Love Queso Dance Contest (the “Promotion”) commences at 12:00:01 AM Eastern Standard Time (“EST”) on May 23, 2011, and ends at 11:59:59 PM EST on July 24, 2011 (the “Promotion Period”). All entries must be received by 11:59:59 PM EST on July 24, 2011.
2. Administrator/Sponsor: The Promotion shall be administered by Brandmovers, Inc. (“BRANDMOVERS”) and sponsored by Moe 's Franchisor LLC (“MOE 'S” or “SPONSOR”).
3. Eligibility: The Promotion is open only to legal residents of the 50 United States and the District of Columbia. Participants in the Promotion (“Participants”) must be at least 18 years of age or older at time of entry. Employees (and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of BRANDMOVERS and SPONSOR, and each of their respective parents, affiliated companies, sponsors, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter or win the Promotion. Participants agree to be bound by these Official Rules of the Promotion (“Official Rules”).
4. How To Enter: To enter the Promotion, go to www.ilovequeso.com at any time during the Promotion Period and follow the links and instructions to complete all the required fields provided on the registration form (“Registration Form”), enter an original dance video that you have created (“Submission”), electronically agree to the Official Rules and click “Submit” to complete the entry (“Entry”). All Submissions must be received by 11:59:59 pm EST on July 24, 2011 (the “Submission Deadline”). SPONSOR 's Promotion computer is the official clock for the Promotion. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements and Content Restrictions (specified below). SPONSOR reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the contest.
SUBMISSION REQUIREMENTS:
A. Submissions must not exceed thirty (30) seconds in length and cannot exceed twenty (20) megabytes in file size.
B. Participants agree to and understand that Submissions will be made available to the public, including without limitation, posting on the Internet. Whether or not Submissions are published on the Internet, SPONSOR does not covenant or guarantee any confidentiality with respect to any Submission.
C. The Submission must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
D. Each Submission must be an original creation of the submitting Participant which is under no restriction, contractual or otherwise, that will prevent SPONSOR 's use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Participant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Participant agrees to indemnify and hold harmless each of SPONSOR and BRANDMOVERS, and each of their officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Participant of these Official Rules or the warranties and representations made by Participant in this paragraph.
E. By uploading the Submission the Participant agrees, for zero compensation, to grant to SPONSOR all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the SPONSOR 's right to publish, make available to the public and/or reproduce the Submission through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that SPONSOR, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that SPONSOR may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials. Participant agrees to release, defend, indemnify and hold harmless each of SPONSOR and BRANDMOVERS, and each of their employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Participant or Participant 's heirs, representatives, executors, administrators, or any other persons acting on Participant 's behalf or on behalf of Participant 's estate, have or may have by reason of: (i) SPONSOR 's exercise of any rights granted by Participant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with SPONSOR 's use of the Submission and any portion thereof, or the likeness of any natural person therein.
F. Participants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Submissions.
G. SPONSOR is not responsible for any expenses or damages incurred in the production and delivery of the Submissions.
Submission Content Restrictions: Submissions must not contain material that:
A. Contains or depicts someone smoking or intoxicated;
B. Violates or infringes another 's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
C. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
D. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
E. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
F. References persons or organizations without their written permission;
G. Disparages persons or organizations associated with SPONSOR;
H. Includes threats to any person, place, business, or group;
I. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification, and SPONSOR reserves the right at its sole discretion to remove any Submission for any reason or if SPONSOR receives notification about any potential infringements or breaches of law or any other reason set forth herein. Submissions must be suitable for presentation in a public forum, in sole determination of judges and/or SPONSOR.
SPONSOR is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant 's or any other person 's computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. SPONSOR reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of SPONSOR. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide SPONSOR with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. SPONSOR reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.
Grand Prize Winner Selection: At the end of the Promotion Period, one (1) Dance Contest Participant (the “Grand Prize Winner”) shall be selected by a qualified panel of judges (“Judges”) designated by SPONSOR in its sole discretion, based on the judging criteria (“Judging Criteria”) set forth below. The Judges, whose decisions will be final, shall judge the entries according to the following Judging Criteria:
Ties will be broken based on the highest ranking in the “Dance Off Ranking” category. Grand Prize Winner selection will be held on or about August 3, 2011 (“Judging Date”). Exactly one (1) Grand Prize (“Grand Prize”) consisting of $10,000 in cash will be awarded to the Grand Prize Winner. Grand Prize Winner will be notified within approximately three (3) days of the Judging Date by certified mail, mail, email, or telephone. Upon receipt of the Grand Prize, Grand Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations, including, without limitation, all applicable federal, state and local taxes.
In order to receive the Grand Prize, the selected Grand Prize Winner may be required to complete and return to SPONSOR or its designated agent an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law. Failure to return the signed Affidavit and Release within seven (7) days following the date of delivery thereof may result in forfeiture of the Grand Prize, except where prohibited by law. The Grand Prize is awarded subject to verification of the eligibility requirements set forth in these Official Rules. If a potential Grand Prize Winner cannot be contacted as specified above, or if he/she fails to return the signed Affidavit of Eligibility, or if the potential Grand Prize Winner is deemed ineligible for any other reason in SPONSOR 's sole discretion, the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected in his/her place based on the Judging Criteria set forth in these Official Rules.
Grand Prize, if applicable, will be mailed to the address provided in connection with the winning Participant 's registration. more than the advertised number of prizes will be awarded. All properly claimed Prizes will be awarded and delivered to verified winners. Please allow 8 to 10 weeks for delivery of any prize. Gift cards cannot be used in exchange for cash.
General Terms: Participants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to SPONSOR. Participants agree to these Official Rules and to all decisions of SPONSOR, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose.
SPONSOR reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, and/or not to award the Grand Prize, should virus, bugs, non-authorized human intervention or other causes beyond the control of SPONSOR corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user 's system or limit a Participant's ability to participate and/or redeem prizes in the Promotion. SPONSOR reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, SPONSOR reserves the right to seek damages from any such Participants to the fullest extent of the law.
By accepting the Grand Prize, the Grand Prize Winner agrees that SPONSOR may use their Submission, name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are Grand Prize Winner 's responsibility. Taxes on and in connection with the Grand Prize are the sole responsibility of Grand Prize Winner; SPONSOR or its designated agent may issue an IRS Tax Form 1099 to Grand Prize Winner for prizes with an ARV of $600 or more. The Grand Prize is not transferable. The Grand Prize is awarded “as is” with no warranty or guarantee express or implied. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by any winner.
No prize, cash or other substitutions allowed except at SPONSOR 'S sole discretion or as otherwise provided herein. SPONSOR reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. SPONSOR 'S failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), SPONSOR reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, SPONSOR shall have no liability to any Participants who are disqualified due to such an action.
Privacy: All personal information that Participants submit will be subject to SPONSOR 's privacy policy. In the event of any discrepancy between SPONSOR 's privacy policy and these Official Rules, the privacy policy will govern and control. For SPONSOR 's on-line privacy policy, please visit http://moes.com/Privacy_Policy.php?ii=0.
5. Dispute Resolution: Except where prohibited, by participating Contest entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and SPONSOR and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law of any jurisdiction. Participant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Georgia and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and 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.
6. DMCA: SPONSOR complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, an agent has been established with proper documentation sent to the US Copyright Office (“Designated Agent”).
If you have a concern regarding the use of copyrighted material on any web site, please contact the Designated Agent alleging copyright infringement.
The Designated Agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: A. Mitchell, Brandmovers, Inc., 512 Means St., Suite 101, Atlanta, GA 30318.
DMCA Claims
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
7. Request for Names of Prize Winners and Official Rules: For the name of the Moe 's Southwest Grill I Love Queso Dance Contest Winners and/or Official Rules, send a self-addressed stamped envelope to: Moe 's Southwest Grill I Love Queso Dance Contest c/o Brandmovers, PO Box 94079, Atlanta, GA 30377. All requests for a copy of the Official Rules and the names of prize winners must be made by September 15, 2011. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”
8. SPONSOR: This contest is sponsored by Moe 's Franchisor LLC, a Georgia limited liability company, having a place of business at 200 Glenridge Point Parkway, Suite 200, Atlanta, GA 30324.