NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES. DO NOT PLAY IF YOU ARE NOT 18 YEARS OF AGE OR OLDER AND LOCATED IN TEXAS AT THE TIME OF GAME PLAY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Open to legal residents of Texas, who are eighteen (18) years of age or older. You must have a valid Twitter or Facebook Account to play. The following individuals are not eligible to enter or win a prize: employees, associates, owners, contractors, directors and officers of Bonfire Wings, Inc. (the “Sponsor”), or any of its parent, subsidiaries and affiliated companies, franchisees, web design, advertising, fulfillment, legal, judging, advertising and promotion agencies involved in the administration, development, printing, fulfillment and execution of this Promotion (collectively, along with Bonfire Wings, the “Promotion Parties”), and their immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each of them), and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void where prohibited.
The Bonfire Wing Social Media Sweepstakes (“Promotion”) begins on [12/26/2018] and ends on [2/3/2019] (the “Promotion Period”). A winner will be chosen for each week of the 2019 regular National Football League season.
To enter the Promotion, visit the Bonfire Twitter account at […] or the Bonfire Wings Facebook account at [….]. during the Promotion Period. First, ‘like’ the Bonfire Fire Wings Social Media Sweepstakes post, then tag three (3) social media ‘friends’ and share the post on the respective social media platform of our choice, either Twitter or Facebook. Each post with a ‘like’, ‘tag’ and ‘share’ is one (1) entry (the “Game Play”). Number of entries is unlimited.
[Winners to be contacted via direct message on Facebook or Twitter.]
If you do not receive notification that you have won the prize, you are not prize winner. Standard data rates may apply if you access the Website, or social media platform from your mobile device, and you are solely responsible for any such charges. Automated means of participation are prohibited and any use of automated devices will cause disqualification. Entrants may not use any other device or artifice to play multiple times above the stated limit or as multiple entrants.
SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRANT WHO IS FOUND TO BE TAMPERING WITH THE OPERATION OF THE PROMOTION; TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES; OR TO BE ACTING IN AN UN-SPORTSMANLIKE OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ANY ACTION THAT INTERFERES WITH THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, DISTRACTING OR OTHERWISE INTERFERING WITH ANY OTHER ENTRANT’S PARTICIPATION IN THE PROMOTION IS PROHIBITED.
Prizes are randomly selected throughout the Promotion Period by random selection generator. The odds of winning a prize are based upon the number of eligible Game Plays received. The number of prizes available are one (1). No more than the advertised number of prizes will be awarded.
Prize is a 50-Wing Party Platter.
Total value of all prizes: $250.00.
Total value for individual prize is: $50.00
Limit one (1) prize per person/email address/household. Prizes are non-transferable, not redeemable, in whole or in part, for cash and no substitution is permitted, except at the sole discretion of Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize in whole or in part with one of equal or greater value. Winners are solely responsible for any federal, state, and local taxes on the prizes, and the value of any prize awarded must be reported for tax purposes where required by law. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner, regardless of whether the prize, in whole or in part, is used. Prize values are as of the date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Winner acknowledges that neither Sponsor nor any of the other Promotion Parties have made, or is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
All Potential winners are subject to verification, including verification of age. [Potential winners will be notified instantly
and via email and will be required to complete and sign an Affidavit of Eligibility, Liability Release, and where lawful, a Publicity Release, within three (3) days of attempted notification or the prize may be forfeited. ] Once a prize is claimed, potential winners will have until [DATE] to redeem their voucher. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is not claimed or is returned as undeliverable, the potential winner will be disqualified. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of any entrant. Unclaimed prizes will not be awarded.
INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY OF THE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the Game Play process, and to cancel, modify, or terminate the Promotion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect Game Plays received prior to cancellation. In the event that a Game Play is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another Game Play.
No liability or responsibility is assumed by Sponsor or Promotion Parties (collectively, “Releasees”) resulting from user’s participation in the Promotion. No responsibility or liability is assumed by the Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Sponsor is not responsible for any typographical errors in the announcement of prizes or these
Official Rules, or any inaccurate or incorrect data contained promotional materials or on a Website or Twitter or Facebook. Use of Website or Twitter or Facebook is at user’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Promotion, use of a Website or social media platform or the download of any information from a Website or social media platform, or any other loss related to user’s participation in the Promotion or receipt of any prize. As a condition of entering, entrants agree to release the Releasees from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize.
Winners (or winners’ parent/legal guardian if winner is an eligible minor), in accepting their prize, consent to the Sponsor’s use of their name, address (city, state), photographs and likenesses for purposes of advertising, trade and promotion in any and all media, without further compensation, except in where prohibited by law. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in [Houston, Texas] as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Texas, U.S.A. without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Houston, Texas, U.S.A. for the resolution of any matters or proceedings which are not subject to arbitration as set forth in these Official Rules, and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
[LEGAL ENTITY ] d/b/a Bonfire Wings., 10701 N Freeway #F, Houston, TX 77037