IPIC 2019 Mother’s Day Brunch Promotion – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS, AS MORE FULLY DETAILED BELOW. BY ENTERING ANY SWEEPSTAKES IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY.
HOW TO ENTER: The IPIC 2019 Mother’s Day Brunch promotion (“Promotion,” which includes all Sweepstakes, as defined below) is sponsored by iPic Entertainment Inc. (“Sponsor”), and is being offered on May 12, 2019, at all Tanzy, City Perch, Tuck Room, and Tuck Room Tavern restaurants (each, a “Participating Restaurant,” or collectively, the “Participating Restaurants”). Each Participating Restaurant will operate its own sweepstakes as part of the Promotion (each a “Sweepstakes”). These Official Rules govern participation in any Sweepstakes. The entry period for a Sweepstakes at a Participating Restaurant is during the restaurant’s Mother’s Day brunch service on May 12, 2019 (“Entry Period”). Hours vary by Participating Restaurant. For information on a Participating Restaurant’s brunch hours for May 12, 2019, please call the Participating Restaurant or visit its website (http://www.tanzyrestaurant.com/, http://www.cityperch.com/ and http://www.thetuckroom.com/). Entry into one Sweepstakes conducted as part of this Promotion does not constitute entry into any other Sweepstakes. To enter, fill out an entry form (provided by Sponsor’s representative at each Participating Restaurant) and deposit it into the designated entry box at the Participating Restaurant during the Entry Period. LIMIT ONE ENTRY PER PERSON, PER EMAIL ADDRESS, AND PER PHONE NUMBER. You do not need to dine at or otherwise make a purchase from any Participating Restaurant to enter; you may obtain an entry form without making a purchase by asking an employee of the Participating Restaurant during the Entry Period. Entries must be complete and legible, or may be deemed ineligible by Sponsor without notice. The Participating Restaurant’s clock, as determined by the on-site restaurant personnel, will be the official timekeeper for each Sweepstakes. Entries must be received during the Entry Period and in accordance with the instructions in these Official Rules. For purposes of this Promotion, an entry is “received” when the Participating Restaurant actually receives the completed entry form. All entries become property of Sponsor and will not be acknowledged or returned. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, or illegible will not be accepted and will be void. Entries made by you on another’s behalf, by another on your behalf, or by any entity will be declared invalid and disqualified for this Promotion. As a condition of entering any Sweepstakes, you give consent for the Participating Restaurant and Sponsor to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules (including, without limitation, publishing winner’s name, address, and other information on a winners’ list). Any person attempting to submit entries in excess of any limit or otherwise in violation of these Official Rules by any means may be disqualified.
ELIGIBILITY: Only open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old and the age of majority in their primary jurisdiction of residence as of the date of entry. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, any Participating Restaurant, their respective advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Promotion is void outside of the Territory and where prohibited by law.
ODDS/SELECTION OF WINNERS: For each Sweepstakes, one (1) potential prize winner will be selected by random drawing following the close of the Entry Period from among the eligible entries received during that Sweepstakes at that Participating Restaurant. Odds of winning depend on the number of eligible entries received for the applicable drawing. The drawings will be conducted within approximately five (5) business days of the end of each Sweepstakes and the potential prize winner will be notified by email or telephone (at Sponsor’s/the Participating Restaurant’s sole discretion) within five (5) business days of the applicable drawing. The potential winner will have five (5) business days after notification to respond according to the instructions in the notification. If the potential winner cannot be reached after a Sponsor’s reasonable attempt (as determined by Sponsor in its sole discretion) or does not respond according to Sponsor’s exact instructions, that potential winner may be disqualified and an alternate potential winner may be selected, in Sponsor’s sole discretion. Winner may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) and tax forms according to the instructions and within the time frame specified by Sponsor or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. Prize claims and any required winner documents are subject to verification by Sponsor. If any prize, prize notification or Promotion-related communication is rejected, faulty, or returned as undeliverable, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected. A Participating Restaurant will not be obligated to pursue more than three (3) alternate winners for any reason, in which case some prizes may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
PRIZES: One (1) prize will be awarded for each Sweepstakes at each Participating Restaurant, subject to verification, which will consist solely of one (1) Goldgenie 24K gold rose with an ARV of $200 USD. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and winners will not receive the difference, if any, between the actual value of a prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. Prizes that are mailed, if any, will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in the Territory, except in Sponsor’s sole discretion. Prizes legitimately claimed will be awarded. All taxes (federal, state, and local) and other expenses not specified in these Official Rules as being provided as part of the prizes are the sole responsibility of each winner. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address or other contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of that prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Each winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the right to receive any part of his/her prize.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE RELEASED PARTIES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT (AS BETWEEN WINNER AND SPONSOR) THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “GENERAL RELEASE; EXTENT. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Promotion-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; errors, typos, or misprints in these Official Rules, in any Promotion-related advertisements, or other materials; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and Sponsor may disqualify you, if your contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Promotion activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
GENERAL RULES: By entering any Sweepstakes (except where prohibited by law), each entrant agrees that if entrant is a winner, entrant grants the Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted in these Official Rules and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Entrants further agree to not damage or cause interruption of any Sweepstakes and/or prevent others from entering a Sweepstakes. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of any Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Promotion (or any individual Sweepstakes) is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or the applicable Sweepstakes) and award the prizes from eligible, non-suspect entries received for a particular Sweepstakes prior to its cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person from the entirety of the Promotion and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any dispute concerning who submitted an entry, will be resolved in the Participating Restaurant’s sole discretion. If a dispute cannot be resolved to the Participating Restaurant’s and Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: These Official Rules and participation in the Promotion shall be governed by the law of the State of Florida, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the JAMS (defined below) rules. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Promotion will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Boca Raton, FL, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or your hometown (but only if required by the JAMS Rules). The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Palm Beach County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any of your travel or other costs to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Promotion or any other property of Sponsor, provided that nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law. Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages and you agree that the aggregate liability of the Released Parties will not exceed ten U.S. dollars ($10 USD). You further waive all rights to have damages multiplied or increased.
WINNERS LIST/OFFICIAL RULES. WINNER’S LIST/OFFICIAL RULES: A copy of these Official Rules will be available online during the Entry Period by visiting www.tanzyrestaurant.com/mothersday, www.cityperch.com/mothersday or www.thetuckroom.com/mothersday. For information about who won, send an email to email@example.com with the subject line “IPIC 2019 Mother’s Day Brunch Promotion Winners” and the name and location of the Participating Restaurant for which you would like winner information identified in the body of the email. Requests for winner information must be received no later than three (3) months after the end of the Entry Period.
SPONSOR: iPic Entertainment Inc., 433 Plaza Real, Suite 335, Boca Raton, FL 33432. Reference to any third-party trade name or trademark is for identification purposes only and is not meant to suggest any sponsorship or endorsement of this Promotion by the third party.