Mother's Day Contest Rules
Official Terms and Conditions of Participation for
Biscuitville’s Mother’s Day Giveaway
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Subject to the terms and conditions set forth herein, Biscuitville’s Mother’s Day Giveaway (the “Sweepstakes”) is open to legal residents of the United States residing in the 48 contiguous United States or District of Columbia who are at least 18 years of age at the time of entry. Officers, directors, employees, and their immediate family members, of Biscuitville, Inc. (“Sponsor”) or of Sponsor’s parent, subsidiary or affiliated companies are ineligible to participate. (Sponsor and its affiliated, parent, and subsidiary companies, and the respective shareholders, directors, officers, employees, members, successors, agents and assigns of the foregoing are referred to collectively herein as the “Released Parties”.) The Sweepstakes is governed by applicable U.S. and North Carolina law, is subject to these official terms and conditions (the “Rules”), all applicable federal, state and local laws and regulations, and is void where prohibited. By entering the Sweepstakes, each entrant represents and warrants to the Sponsor that he or she meets all of the eligibility criteria set forth herein. The Sponsor may reject any Entry at any time if it determines or suspects, in its sole and absolute discretion, that a participant may be ineligible or may otherwise be in violation of applicable law or these Sweepstakes Rules.
2. HOW TO ENTER and HOW TO WIN: To enter, visit the Sweepstakes entry page at www.biscuitville.com/mothersday or text MOMDAY to 555888, which will provide you with a link to the entry page. Standard text message & data rates apply. To enter, you must provide your first name, last name, zip code, choose the restaurant you frequent most, and your email address (collectively, “Contact Information”). To submit an Entry, you must also review and agree to these official Rules.
The Sweepstakes Entry period begins April 9, 2019, and ends at 11:59 p.m. (Eastern Time) on May 12, 2019. Limit one Entry per person per email address. Duplicate entries, if detected, may be disqualified. Entries that appear to Sponsor, in its sole discretion, to have been submitted by one entrant using multiple email addresses may be disqualified in Sponsor’s sole discretion.
A total of five (5) winners will be randomly selected by Sponsor the week of May 19, 2019, after the end of the Entry period. All times referred to in these Rules are Eastern Time, and all times shall be determined by Sponsor.
3. PRIZES and ODDS OF WINNING: A total of five (5) prizes will be offered. Each prize will be one (1) spa (Spafinder Wellness 365™) gift card valued at $50 and valid for use at participating locations. Restrictions and limitations, as imposed by gift card issuer, apply—winners must review gift card for details. All costs, fees, taxes, etc. not specifically described as part of the prize are solely the responsibility of each winner. Prizes cannot be substituted by the prize recipient. Sponsor may substitute a prize or component of equal or greater value in its sole discretion. Each winner is solely responsible for all federal, state and local taxes associated with the acceptance of the prize. Unclaimed, forfeited, and rejected prizes will not be awarded. The odds of winning a prize depend on the number of eligible Entries submitted during the Entry period.
4. PRIZE NOTIFICATION and REDEMPTION: The Sponsor will notify each selected winner on or around the date of the winner’s selection, using the Contact Information provided in the Entry. Each winner must respond by following the instructions provided in the winner notification within seven days to claim prize. Failure to timely respond or follow instructions may result in forfeiture of the prize, in Sponsor’s sole discretion. If a winner has not complied or does not comply with these Rules or is determined by Sponsor to be ineligible, then such person may be disqualified in Sponsor’s sole discretion and Sponsor may, in its sole discretion, select a new winner.
Each winner is subject to verification at the sole discretion of the Sponsor. At Sponsor’s sole discretion, a winner may be required to complete and return sweepstakes forms such as releases, IRS W-2, affidavit of eligibility, etc. in order for Sponsor to fulfill prize. Sponsor shall have the option, in its sole discretion, to require a winner to claim his/her prize in person or to send the respective prize to the winner via postal mail or other delivery agent or service. The Released Parties are not responsible for lost, late, stolen, misdirected, delayed or damaged prizes. The respective intended prize recipient shall bear all risk of loss or damage to his/her prize after it has been directed to such intended recipient via postal mail or other delivery agent or service.
5. PUBLICITY RELEASE: Except where prohibited, entry in the Sweepstakes constitutes each entrant’s authorization for and consent to Released Parties and their respective agents and licensees to use, publish, reproduce and for all purposes, including publicity, promotion, merchandising, and advertising, in any media (including without limitation, the Internet, television, radio, or offline, whether now known or developed in the future), each entrant’s name, city, photograph, likeness, biographical material, voice, and image, each in perpetuity without further compensation, credit or right of review or approval. By accepting a prize or participating in prize-related activities, each winner consents to and authorizes Released Parties to use, publish, reproduce and for all purposes, including publicity, promotion, merchandising, and advertising, in any media (including without limitation, the Internet, television, radio, or offline, whether now known or developed in the future), each winner’s name, city, photograph, likeness, biographical material, voice, and image, each in perpetuity without further compensation, credit or right of review or approval.
6. TERMS AND CONDITIONS; LIMITATION OF LIABILITY: Participants are responsible for complying with all applicable federal, state, and local laws and regulations and with these Rules, and by entering, participants agree to be bound to these Rules. Any attempt by an entrant or other party to tamper with the proper administration of the Sweepstakes will disqualify the entrant and may result in civil or criminal action against the entrant or other party and may result in the discontinuation, suspension, or cancellation of the Sweepstakes. WINNERS AND ENTRANTS EACH AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS SWEEPSTAKES, FROM ANY AND ALL TAX LIABILITY THAT MAY BE IMPOSED OR ASSOCIATED WITH RECEIPT OR USE OF ANY PRIZE, AND FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND LIABILITY FOR ANY DAMAGES, EXPENSES, FEES, INJURY OR LOSSES (INCLUDING PERSONAL INJURY OR DEATH) SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, OR USE/MISUSE OF ANY PRIZE OR WHILE TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN ANY SWEEPSTAKES-RELATED OR PRIZE-RELATED ACTIVITY. Released Parties are not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prizes or winners. Prize recipient may be required, at Sponsor’s discretion, to execute a liability and publicity release prior to the prize recipient’s receipt of any prize. Sponsor retains the discretion to make all decisions regarding the interpretation and application of these Rules. All decisions of Sponsor are final and discretionary. In the event the selected prize recipients are/is ineligible or refuse(s) a prize, the prize will be forfeited and Sponsor, in its sole discretion, may, time permitting, select alternate prize recipients from remaining entries, or may elect not to award such prize, where permitted. For prizes valued at $600 or greater, prize recipient must provide his or her Social Security Number for tax purposes. Prizes may be considered income, and any and all taxes associated with prizes are the responsibility of the prize recipients. By accepting a prize or participating in this Sweepstakes, each winner and/or any participant irrevocably consents to the use of his/her name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, comments, feedback, suggestions, writings, ideas and statements relating to the Sweepstakes or the Sponsor, without further compensation, in all world-wide marketing, promotion, and publicity carried out in perpetuity by the Sponsor. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE AND OTHER SIMILAR PROVISIONS IN THESE RULES MAY NOT APPLY TO YOU.
7. DISCLAIMER/INTERNET: If, for any reason, the Sweepstakes is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, technical failures, acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity of the Sweepstakes, the Sponsor reserves the right in its discretion to disqualify any individual it believes has tampered with the entry process, and/or cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select winners from eligible Entries received as of any such termination date. Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any website or platform or undermine the legitimate operation of the Sweepstakes 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 participant to the fullest extent of the law. The Released Parties (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (ii) are not responsible for any problems or technical malfunction of any telephone network, internet service, or telecommunications lines, wireless services, computers or other electronic devices or systems, servers, or provider, computer or other equipment, software, failure of any Entry information to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website or on any platform; (iii) are not responsible for any late, misdirected, delayed, incomplete, illegible, lost, garbled, misdelivered Entries, irrespective of the submission method selected by the participant, or (iv) any combination thereof, including any injury or damage to the participant's or any other person’s computer or device related to or resulting from participation or downloading any materials in this Sweepstakes. RELEASED PARTIES MAKE NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND RELEASED PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
8. ARBITRATION/CHOICE OF LAW: EXCEPT WHERE PROHIBITED, EACH ENTRANT AND EACH WINNER AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED EXCLUSIVELY BY ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN EFFECTIVE, AND ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT OR WINNER (AS APPLICABLE) WITH REGARD TO THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of North Carolina or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than North Carolina. Arbitration in Guilford County, North Carolina, shall be the exclusive forum and venue for any dispute relating to these Rules and for this Sweepstakes. If arbitration is prohibited, then and in such event, the courts of North Carolina in Guilford County shall be the exclusive forum for any dispute relating to these Rules and/or this Sweepstakes. All participants, entrants, guests, and prize recipients agree, by their participation in the Sweepstakes or any Sweepstakes-related or prize-related activity, to submit to the personal jurisdiction of the courts of North Carolina in Guilford County. The invalidity or unenforceability of any provision of these Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Notwithstanding the foregoing, in the event that any release in these Rules is determined by a court of competent jurisdiction to be invalid or void for any reason, the Entrant agrees that, by entering the Sweepstakes, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will any entrant, including winners, be permitted to obtain any award for, and each entrant, including each winner, hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
9. OFFICIAL RULES and WINNERS LIST: For a copy of these official Rules, visit www.biscuitville.com/momday-contest-rules or send a self-addressed stamped envelope to Biscuitville, Inc., Attn: Biscuitville Mother’s Day Giveaway 2017 Official Rules, 1414 Yanceyville Street, Suite 300, Greensboro, NC 27405. Any request for a copy of official Rules will not be fulfilled if received by Sponsor after May 20, 2019. For a list of the winners, please send a self-addressed stamped envelope to Biscuitville, Inc., Attn: Biscuitville Mother’s Day Giveaway 2017 Winners List, 1414 Yanceyville Street, Suite 300, Greensboro, NC 27405. Winners List requests must be received by Sponsor by July 20, 2019, or they will not be fulfilled.