DINING FOR DOLLARS SWEEPSTAKES
NO PURCHASE OF ANY PRODUCT OR SERVICE IS REQUIRED TO ENTER OR PARTICIPATE IN THIS PROMOTIONAL GAME. PARTICIPATION IN THIS PROMOTIONAL GAME IS FREE. PURCHASE OF THE SPONSOR’S PRODUCTS OR SERVICES WILL NOT INCREASE YOUR ODDS OF WINNING.
1. SPONSORSHIP. The sponsor of the Dining For Dollars game (the “Game”) is ATLANTA EATS, LLC, a Delaware limited liability company, having a principal place of business at 530 Trimble Lake Court, Atlanta, GA 30342 (the “Sponsor”).
2. ELIGIBILITY. The Game is open to legal residents of the United States and the U.S. Virgin Islands who are 18 years of age or older at the time of participation and who are not ineligible as set out in these Official Rules. Void in Puerto Rico and wherever prohibited by law. Employees (and members of employees’ immediate families and residents in their households) of the Sponsor are not eligible to play or win.
3. HOW TO ENTER. You may enter the Game by completing the entry form on Sponsor’s website (http://atlantaeats.com/2012/12/11/georgia-lotterys-dinners-us/) on or before 11:59:59 pm on April 18, 2013 EST (the “Deadline”). You may enter the Game without completing the entry form on Sponsor’s website by mailing a written request to the Sponsor with your name, address, city, state, zip code, age, email address, the date you prepared the request and the words “ENTER ME IN THE DINING FOR DOLLARS SWEEPSTAKES” to P.O. Box 260189, Atlanta, GA 31126. Free entry requests must be received by the Sponsor before the Deadline. No return envelope is required. Limit of one free entry per person. Free entry requests will be disqualified for any of: (1) ineligibility, (2) inclusion with the free entry request of any other correspondence, promotional materials or other materials, (3) lost, late, damaged or misdirected or postage due requests and (4) requests that in the opinion of the Sponsor are machine-generated in whole or in part, including but not limited to the stamped out envelope or postcard. The decision of the Sponsor or the Sponsor’s agent regarding eligibility or disqualification of free entry requests received will be final. A free entry will not entitle the person requesting it or any other person to any products or services of the Sponsor. Free entry requests received by the Sponsor become the Sponsor’s property upon receipt. Ineligible and non-complying requests will not be acknowledged.
4. HOW THE GAME WORKS / HOW THE WINNER IS SELECTED. Beginning on Friday, December 21, 2012, and continuing on each Friday thereafter until April 20, 2013, (each, a “Drawing Date” and collectively, the “Drawing Dates”) the Sponsor or the Sponsor’s agent will select a single entry at random from among all the qualifying entries. The selected entry (the “Winner”) will be notified by email. The Winner will be instructed on how to claim the Prize. If the Winner fails to claim the Prize within twenty (20) days, the Winner’s entry will be disqualified and the Prize will be forfeited.
• THE PRIZE. A Winner who claims the Prize will receive a fifty dollar ($50.00) Buckhead Life Restaurant Group gift card good for a fifty dollar ($50.00) credit at any participating Buckhead Life Restaurant Group restaurant (http://buckheadrestaurants.com/). The retail value of the Prize is fifty dollars ($50.00).
5. ODDS OF WINNING. The odds of winning depend on the number of qualified entries received. If more than one hundred (100) qualified entries are received, the odds of winning will be equal to eighteen (18) divided by the number of qualified entries.
6. OTHER TERMS AND CONDITIONS OF THE OFFICIAL RULES. This promotional game begins on December 17, 2012 and ends on the first to occur of (a) the Sponsor’s termination of the Game under Section 6 or as provided in this Section, or (b) the date on which all the Prizes are claimed. The Sponsor reserves the right to modify and/or terminate the Game and to take such other measures the Sponsor may deem necessary or appropriate, in its sole discretion to preserve the integrity of the sweepstakes promotional game or in the event that it or associated practices or equipment become corrupted, technically or otherwise. In such event, the Sponsor may, in its sole discretion, terminate the Game and not distribute the Prizes to anyone. Participating entrants (each, a “Participant”) release the Sponsor, together with all other businesses involved in this promotional game, as well as the employees, officers, members and directors of each, of all claims and liability related to participation in this promotional game. Any promotional Game notice, entry form or other writing, including writings in electronic form that contains an error (printing, human, technical or other) shall be deemed null and void. Technical malfunction of the electronic equipment associated with this Game, voids all play on it. A Winner may be required, at the sole discretion of the Sponsor to sign and return an affidavit of eligibility/liability release and where legally permissible, a publicity release, as a condition precedent to the receipt of any prize to be awarded. All winners are subject to disclosure of their winnings and identifying information, to the extent such disclosure is required by law or provided for in these Official Rules. Regardless of how Winners use Prizes awarded to them, all such awards are taxable income to the Participant. Participants are responsible to pay all income and other taxes due in respect of any prize that they receive. For a list of all winners, send a written request by first class mail with a self-addressed, stamped envelope to: Winners List Request, P.O. Box 260189, Atlanta, GA 31126. Except where prohibited by law, all Winners consent to the use of their names, home town, Prizes won and likenesses for promotional purposes on behalf of the Sponsor. All disputes and claims arising out of or relating to this Game shall be determined according to the laws of the State of Georgia.
7. TRADEMARKS AND TRADENAMES. Atlanta Eats™ is the trademark of Bread N’ Butter, LLC. The Georgia Lottery™ is the trademark of The Georgia Lottery Corporation™. Any other trademarks or service marks are the property of their respective owners. The use of any brands or trademarks in these Official Rules or any of the Sponsor’s promotional materials does not imply any association or endorsement of the Sponsor by the owner of such brands or trademarks.
8. PUBLICITY. By participating or attempting to participate in the Game or attempting to claim a Prize, except where such condition is legally prohibited, each verified Winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such Winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe for advertising, commercial and promotional purposes in connection with the Game and other promotions without further compensation, and releases the Sponsor and Sponsor’s officers, directors, employees, attorneys, agents and subcontractors from any liability with respect thereto.
9. DISCLAIMER OF WARRANTIES. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prizes and the Game. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE 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.
10. DISQUALIFICATION. It is the Participant’s sole responsibility to ensure that he or she has complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential winner will be disqualified and the Prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Game. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Game; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
11. INVALIDITY. The invalidity or unenforceability of any provision of these Official 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 Official 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. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
12. MANDATORY ARBITRATION. By participating in this Game each Participant (and his/her parent/legal guardian if the Participant is a minor) agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against Sponsor arising out of, relating to, or connected in any way with the Game, the awarding or redemption of prizes, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 USC. §§ 1-16; (3) the arbitration shall be held at a location in the Atlanta, Georgia metropolitan area or at such other location as may be mutually agreed by the Participant and Sponsor; (4) 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 Participant may have entered into in connection with the Game; (5) the arbitrator shall apply the substantive law of the State of Georgia in accordance with Section 8 of these Official rules and consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis and arbitration can decide only the Participant’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; (7) the Participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant 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 Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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 (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org, or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.
These Official Rules of the Dining For Dollars Sweepstakes are the property of Atlanta Eats, LLC.