11/12/13 #SmashWedding

How To Enter:

1.) Take a Vine, Instagram, or YouTube Video demonstrating your love for burgers and for your significant other and caption the video with hashtag #SmashWedding. ** If you are using VIne, you have to publish the video on Facebook and Twitter and use the hashtag #Smashwedding in order for your entry to be considered.

2.) Once your video is approved by the Smashburger team (this could take up to 24-48 hours), your video will appear on the #SmashWedding Facebook tab on the Corporate Smashburger page www.facebook.com/smashburger Your video will be place in that tab under the “vote” section where guests will have the ability to ”like” certain videos

3.) Contestants have until Friday, November 1st at 11:59PM PST to submit videos for a chance to win a wedding on 11/12/13 in Las Vegas.

4.) After the top 5 Finalists are chosen from the internal Smashburger team, fans will have the chance to vote (“like”) their favorite photo to determine the winner.

Official Rules

THIS CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA AND ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

  1. ELIGIBILITY:      The Smashburger “SmashWedding” Video Contest 2013 (“Contest”) is open only to individuals who      are legal residents of the 50 United States and the District of Columbia,      who are 21 years of age or older at the time of entry. The following      individuals are not eligible: employees, contractors, directors and      officers of Smashburger (“Sponsor”) its parent, subsidiaries and      affiliated companies, and the web design, advertising, fulfillment,      judging and promotion agencies involved in the administration,      development, fulfillment and execution of this Contest (collectively,      “Contest Parties”), and the immediate family members (spouse,      parent, child, sibling and spouse or “step” of each) of, and      those living in the same households as, each such individual. Contest is      void outside the USA and where prohibited.
  2. OVERVIEW: The Contest entry page is located here: https://www.facebook.com/smashburger/app_403834839671843. Entrants create a video (“Entry”) using Vine, Instagram or      YouTube with the hashtag #SmashWedding demonstrating both their love for      burgers and for their significant other.  In Round 1, Up to five (5) Finalists      will be chosen from eligible and approved Entries (see Section 6 below for      details regarding selection of Finalists). In Round 2, the      Finalist Entries will be displayed in a consumer voting gallery, where the      top entry will be selected as the Winner based upon the highest number of      votes received during Round 2.
  3. TO ENTER:      Create a video demonstrating your love of burgers and your significant other      with Vine, Instagram or YouTube and use the hashtag #SmashWedding from      12:00 p.m. (noon) ET on October 8, 2013 and 11:59:59 ET on November 1,      2013 (the “Entry Period”). Entries’ eligibility will be determined      by Sponsor in its sole discretion. All Entries must adhere to the Entry      Requirements for Round 1 specified below.

You may submit more than one Entry; however each Entry must be unique and different from any other Entry submitted. No correspondence about Entries will be entered into, nor will videos be acknowledged or returned. If required information is not included, Entry will be disqualified.

Entries that meet the Entry Requirements for Round 1, Content Requirements and Conditions of Entry specified below may be posted in the Contest tab on the Smashburger Facebook page.

ENTRY REQUIREMENTS FOR ROUND 1:

    • An original video of up to 2 minutes that creatively       demonstrates your love for your significant other and for Smashburger or       burgers.
      • The video must use Vine,        Instagram or YouTube and must incorporate the hashtag #SmashWedding
      • If there is narration in your        video, the narration must be in your voice, be original and must not        infringe on third-party rights.
      • The video must not exceed two        minutes in length and must be in English.
      • Any music included in a video        must be original: all music and/or lyrics must be written        and performed solely by the Entrant. The composition and performance may        not have been published by any third party and must not infringe on        third-party rights. If Sponsor determines in their sole discretion that        the music you have included in your video is not original, or infringes        on any third-party rights, the Sponsor may either disqualify your entry        or Sponsor may dub over the music with music selected by the Sponsor in        its sole discretion.

Entries must be received by 11:59:59 p.m. ET on November 1, 2013. Once the entry form is completed and the Entry is uploaded, the Entry is final and may not be modified, supplemented or edited. Submissions which include a video that fail to strictly adhere to any of the requirements set forth in these Official Rules, including the requirements set forth in this section as determined by Sponsor in their sole discretion, will be disqualified.

Entry Restrictions for Round 1:

    • Brand Image.       Sponsor maintains a wholesome, family-oriented image for its brand.       Entries must properly reflect this brand image. Sponsor’s determination       on brand image shall be final.
    • No third party logos/intellectual property. Be careful that your video doesn’t inadvertently       contain another brand’s logo or intellectual property because that will       cause your video to be disqualified. Examples to watch for: logo on a       baseball cap, sneakers or t-shirt, name/logo of a famous baseball diamond       in the background of your photo or logo on a pet toy. The ONLY permitted       logo is the Smashburger logo, which is not required to be in your video,       and will not influence the judging. NO OTHER Smashburger brand logos are       permitted.

Sponsor is not responsible for late or incomplete Entries. The responsibility to electronically complete the Entry process and upload a video is the Entrant’s and neither Sponsor nor the Contest Administrator shall be responsible for any video not actually received due to incomplete or improper transmission. Similarly, neither Sponsor nor Contest Administrator has any obligation to advise Entrant of an incomplete Entry or video submission.

  1. CONTENT REQUIREMENTS:

Entrants may capture the video themselves, or Entrants may have another person capture the video. If someone other than the Entrant has captured the video, the Entrant must have written permission from that person to submit the video and Entrant must be able to obtain a signed release from the videographer upon the request of Sponsor.

  1. CONDITIONS OF ENTRY:      Entrant warrants and represents that the Video:
  1. is original (video may be captured by someone other than the Entrant if the Entrant obtained written permission to submit the video, as set forth below);
  2. does not infringe the intellectual property, privacy, publicity rights, ownership or any other legal or moral rights of any third party;
  3. has not been entered in previous contests or won previous awards;
  4. is suitable for public viewing.

By submitting an Entry, Entrant represents that he/she owns all rights to each element of his/her Entry, including, without limitation, the copyrights in the video. If someone other than the Entrant captured the video, Entrant further represents that he/she has obtained an assignment of rights from the third party that captured the video. Sponsor’s determination as to whether the video violates the rights of any third party is final.

Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), on an exclusive basis within the fast casual dining category, each element of the Entrant’s Entry, and use of the Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the Entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of any element of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the Entry or Entrant’s Likeness or statements. Entrant further grants all end users of Sponsor’s Facebook page (a) the ability to rate, vote, review, comment on and tag the Entry; (b) the ability to send and distribute the Entry via e-mail, instant messenger, and via all social media platforms or other electronic means.

Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant’s Entry, or the Entrant’s conduct in submitting an Entry or creating a video or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements or ideas contained in any element of the Entry.

SELECTION OF FINALISTS

Round 1: Entries will be judged by a qualified panel of judges (“Judges”) who will evaluate each Entry based on the following judging criteria:

  • Originality & overall artistic impression (25%)
  • Audience appeal & entertainment quality (25%)
  • Representation of love for each other and for burgers (50%)

The up to five (5) highest scoring Entrants will be declared potential semi-finalists (“Semi-Finalists”), subject to verification, and will be notified on or about Oct. 28.

Round 2: The verified Finalists will be announced on the Sponsor’s Facebook page at: www.Facebook.com/Smashburger on or about Nov. 2, 2013. The Finalists’ Entries (including all elements submitted by the Finalists) will be posted for the public to vote for their favorite Entry at the Contest Facebook page starting on or about Nov. 3, 2013 at 12:00:01 a.m. ET through Nov. 4, 2013 at 11:59:59 p.m. ET. Finalists’ Entries may also be posted on other social media pages operated by Sponsor during the same period, at Sponsor’s sole discretion. Limit one (1) vote per entry/per person/email address/per day. A day will be defined as beginning at 12:00 a.m. ET and ends 24 hours later at 11:59:59 p.m. Consumers will be asked to vote on which Semi-Finalist Entry is the best Semi-Finalist Entry based on the same judging criteria listed above for Round 1.

The Finalist whose Entry receives the most votes will be deemed the “Winner.”

A Finalist may encourage family and friends to vote for his or her Entry, but a Finalist may not attempt to induce others to vote for his or her Entry through the use of any incentive, sweepstakes or other promotion. Any use of automatic voting methods by any party will void all such votes and will result in the Finalist’s Entry in question being declared ineligible and disqualified from the Contest. Any attempt by a Finalist and/or his/her family or friends or community to vote more than the one vote per person per email address using “bot” technology and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Finalist in Sponsor’s reasonable discretion.

PRIZE:

Trip to Las Vegas and Smashburger Wedding OR Vow Renewal: The winner will receive a trip for Winner and one (1) adult guest (21 years of age or older) to Las Vegas, NV from November 11 – 13, 2013 (3 days, 2 nights).  Trip includes hotel accommodations for Winner and guest for two (2) nights, one (1) Jubilee Tower Suite at Bally’s Las Vegas, a wedding ceremony OR vow renewal ceremony and reception for up to 10 guests at Smashburger and the wedding/vow renewal officiant’s fee. Obtaining any necessary marriage license by midnight on Nov. 11, 2013, at the Clark County Marriage Bureau is the responsibility of the Winner. Trip includes round trip coach air transportation for Winner and guest from a major airport near Winner’s home residence to Las Vegas, NV and ground transportation to and from a wedding event at Smashburger, located at 5130 S. Fort Apache Rd., Suite 240, Las Vegas, NV 89148. If in the judgment of Sponsor, air travel is not required due to Winner’s proximity to Live Event location, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Approximate Retail Value Trip: $5,000.00. Any difference between the estimated ARV and the actual value will not be awarded. Winner must complete the trip to attend the wedding/vow renewal event on the date indicated in these Official Rules. Winner and guest must travel on the same itinerary. Trip must be booked through Sponsor’s designated agent. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are the sole responsibility of Winner. Travel companion must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the Winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, travel providers or any other persons providing any travel-related service or accommodation. Additional trip details and travel information to be provided to the Winner at the time of notification. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their own option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

GENERAL CONDITIONS: Potential Finalists and Winner are subject to verification, including without limitation, verification of eligibility and compliance with these Official Rules. Potential Winners will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and, where lawful, Publicity Release. Winner will also be required to execute an Assignment of Rights, in which he/she irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in each element of the Entry (including the video and title), including, without limitation, all copyrights, and waives all moral rights in those works. All completed documents must be returned to Contract Administrator within 48 hours of the date notice was sent or Winner status will be forfeited and an alternate Winner may be selected. Notification of winner status must be kept confidential until the winner is announced by Sponsor. Failure to comply with this requirement may result in disqualification. All winners are solely responsible for any taxes on their respective individual prizes. No substitution of prize will be offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, 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 Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require winners to submit to a confidential background check to confirm eligibility as a condition of awarding any prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Entrants/Finalists agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. This Contest is governed by the laws of the state of Colorado, and by entering; Entrants/Finalists agree that all claims or disputes must be resolved exclusively in the federal or state courts in Denver, Colorado.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: 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 or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Web Site is at user’s own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained by user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Parties are not liable in the event that any portion of the Contest or Trip is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.

Winners List: For a list of the Finalists and winners or send a self addressed, stamped, #10 envelope to: 1515 Arapahoe St., Tower 1, 10th Floor, Denver, CO 80202.  Requests must be received by December 15, 2013.

Sponsor: Smashburger, 1515 Arapahoe St., Tower 1, 10th Floor, Denver, CO 80202